In September 2016, I posted on the conundrum faced by Clayton County landlords given explicit policy choices by juries to hold them responsible for acts perpetrated by criminals on their premises:
In summary, whites are fleeing, vibrancy is moving in, and incomes are stagnant and declining, despite the unmitigated boon of cheap immigrant labor. I know white rednecks who just up and left, dropping their keys off at the bank. Central American stoop laborers, paid in cash, stumbling around drunk, are easy marks for black predators.
The security measures necessary to keep Bradford Ridge Apartments predator-free would likely price the unit costs out of the reach of the late Perez-Hernandez. The tactics necessary to keeping his assailants away would be illegal. This is quintessential anarcho-tyranny: the property owners are placed between the Scylla and Charybdis of pricing out their own customers thereby eliminating their income stream, or assuming the full expense for the general criminality of Clayton County and its dysfunctional demographics, which is frankly uninsurable and impossible.
Let me unpack this a bit more: a Clayton County jury (none of whom, I assure you, were landlords) apportioned practically no fault to the actual trigger-pullers (that's what the "post-apportionment" means) and simply speculated that something could have been done to prevent a group of human predators from preying on their unfortunate marks (machine guns? Ghurkas? a crocodile-filled moat?). Note also the strange tale of the survivor: they hit him over the head, and apparently drag his buddy 50 to 100 feet away where they shoot him, then conveniently disappear, allowing Perez-Lopez to regain consciousness, return to the apartment, then go looking for the decedent whom (hey, presto!) they find shot dead. I'm not an actor on Law & Order, but this story stinks to high heaven.
Which gets me to my Anarcho-Capitalist Proposal: If the costs of general criminal activity in counties are going to be socialized on to the county's property owners, why not just give the property owners the county?
I also posted this meme, which needs to be spread far and wide, and shoved up the effete snout of every libertarian and "anarcho-capitalist" you encounter:
Now, the Georgia Supreme Court has enthusiastically piled on, in the recent case of Martin v. Six Flags Over Georgia, a decision issued June 2017.
First some context: Six Flags is an amusement park on the far south side of Atlanta. I went there a number of times as a child and as a teenager in what were, as we shall see, much more innocent times.
"Never again!," as the saying goes, and the Martin opinion dutifully underscores, laying out in excruciating detail the lengths to which we have distanced ourselves from these embarrassingly idyllic photos:
On July 3, 2007, Martin went to Six Flags for the day with his brother, Gerard Martin, and a friend, Devon Carter. As the park’s closing time approached, the trio exited the park, walked to a nearby hotel to use the bathroom, and returned to Six Flags property in front of the park entrance to await the arrival of a Cobb County Transit (CCT) bus. The three sat on a guardrail in an area adjacent to the park’s main entrance along Six Flags Parkway, the roadway leading into the park. The bus stop, which was visible from the guardrail, was situated just around the corner of the intersection of Six Flags Parkway and another public road, some 200 or so feet from the Six Flags property line.On the above facts, the Georgia Supreme Court affirmed the jury's verdict against Six Flags for 92% of a $35 million award for an attack that occurred off its property. Of course, the Court scrupulously avoided discussion of the legal whipsaw under which Six Flags as an employer and property owner operates, pursuant to which platoons of lawyers can sue under Title VII for Six Flags' refusal to hire or allow entry to certain "young men," while simultaneously sticking them with the tab when these same young men beat another such young man nearly to death.
During the course of the day and early evening, a throng of young men were roaming the park. Throughout the day their numbers ranged from 15 to 40. The young men in the group, which included several off-duty Six Flags employees, were dressed similarly, most in some combination of white or black T-shirts, jeans, and bandanas. The men were observed running through the park, yelling obscenities, and otherwise causing commotion. In the early evening, park patrons John Tapp and Eric Queen, who were visiting the park with their families, were accosted by the group after one of its members nearly knocked over Queen’s young son. Tapp testified that, after he diverted the near collision and admonished the man who was running, approximately 15 men surrounded him and Queen, “fixing to beat the sh*t out of us.” The confrontation lasted five to ten minutes, until park security appeared. As security approached and the group began to back off, they made “finger gun” gestures and admonished Tapp and Queen to “watch your back,” “we’ll get you in the parking lot.” Tapp and Queen reported to the security officer what had happened, including the parking lot threat. The officers confronted the assailants they could locate, reprimanded them, and released them back into the park. A Six Flags security officer testified at trial that this response was contrary to Six Flags’ policy, under which the assailants should have been ejected from the park.
Shortly before closing time, as the Tapp and Queen families prepared to exit through the park’s main gates, they noticed the same group of men, whose numbers had grown to approximately 40. Surveillance video footage filmed at that time showed a group of similarly-dressed men running to the front gate in what one witness described as a “frenzy.” The group exited the park, followed by security guards, who then stood outside watching. Once the guards reentered the park, the families, believing the group had left, exited the gates towards the parking lot, only to find the same group congregated on the sidewalk, outside the gates but still on Six Flags property. Despite their efforts to be inconspicuous, the families were spotted by the group, who began following the families and yelling at them. Alarmed, the families hurried to their cars; Tapp heard one man say “drop the hammer,” which Tapp believed was a reference to a gun. The families reached their cars and were able to depart without further incident.
The group of young men then made their way back to the area outside the park’s main gate where Martin and his companions were sitting. Two members of the group testified that others within the group were actively planning a fight. One stated that when he met up with the group he “found out that they were going to fight people at the bus stop”; another said that he heard the group planning for the beating and that the group “knew they needed to fight somebody.”
Aware of the group’s presence, and overhearing talk to the effect that “some guy’s going to get messed up,” Martin and his companions got up from the rail to move away, proceeding towards the bus stop. The group followed the trio to the bus stop, where, without any provocation or delay, defendant Franklin approached Martin and began beating him with brass knuckles. Others among the group joined in on the attack, with one witness estimating that nine people participated in Martin’s beating. This same witness testified that the attack began only five minutes after the group concluded their pursuit of the Tapp and Queen families; Franklin, similarly, testified that “it happened so fast.” Carter and Martin’s brother Gerard were also victims in the attack. The beating and stomping inflicted on Martin rendered him comatose for seven days, and resulted in debilitating permanent brain damage and other injuries.
The ensuing police investigation revealed that the assailants were affiliated with a gang-like group called the “YGL,” and other evidence established that the park was routinely the site of gang congregation and activity. Multiple witnesses testified to the presence of gang members at the park, both as patrons and employees; one witness, who was himself a Six Flags employee, testified that the “majority” of Six Flags’ park employees were affiliated with one gang or another. Evidence of gang “tags” and similar graffiti in the male employees’ locker room, and the testimony of a Cobb County police officer who worked off-duty as a park security officer, indicated that Six Flags’ management was—or should have been—aware that many of its employees were gang members.
A Six Flags security officer testified that, during the park’s daily security briefings, gang-related issues were reported, on average, at least once a week. Following the attack on Martin, one Six Flags employee was reprimanded by her superiors after reporting to the media that gang members frequented the park, often bullying others. Nearly one year to the day prior to the attack on Martin, Six Flags had been the site of a gang-related drive-by shooting. According to the Cobb County police officer who investigated the incident, a fight involving gang members had erupted in line at one of the park’s rides, and the fight continued as the participants left the park. Approximately 20 minutes after the fight began, the intended target of the shooting was standing at a bus stop located within Six Flags’ west parking lot and was approached by a car whose passenger, a member of the “Southside Mafia” gang, called out, referring to the earlier incident. The passenger then fired a pistol, missing his target but hitting three Six Flags employees who were standing nearby. Remarkably, despite their injuries, none of these employees were willing to make a statement to police.
The investigating officer testified that, a few days after the incident, a Six Flags official contacted him seeking assurances that the police would “not release any information that would lead the public to believe that Six Flags Over Georgia was anything but a safe, family atmosphere.” This officer further testified that he had refused to make any such commitment, and that he had told this official that he would not take his own family to Six Flags, “[b]ecause of the numerous incidents that I’ve responded to there, the criminal gang activity that goes on there.” According to this witness, 18 to 20 percent of the Cobb County Police Department’s call volume per day comes from within a two-mile radius of Six Flags.
Also left unanalyzed by the Court, what is really going on here is that the State is too broke, too dysfunctional, and too inept to enforce a stable civil order. Therefore, idealistic judges resort to banging their gavels and yelling "Fix it!," like spoiled children, insisting that Six Flags bear the liability and expense for generalized civil breakdown and rending of the social fabric.
The obvious solution is to depose the inept and ineffectual government and turn over the public commons and order to the business and property owners who are going to get stuck with the tab for all of this in any event.
Anarcho-capitalism, that is, neo-feudalism is coming, whether the statists and, not least, the anarcho-capitalists themselves, are ready for it or not.