There was a small news story recently that went largely unnoticed across the country. Home improvement retailer Lowes lost a $1.6 million lawsuit in Kalifornia (see what I did there?) for its the labeling of building products, specifically, dimensional lumber.
A Superior Court judge laid out terms by which the retailer must advertise its 2x4s and other dimensional materials in response to a civil “consumer protection” action. Judge Paul M. Haakenson, handed down the order in response to a case involving claims by the Marin County, Calif., district attorney’s office that the retailer “unlawfully advertised structural dimensional building products for sale.” His finding lists three main rules for the retailer to follow going forward:
- “Common descriptions” must be followed by actual dimensions and labeled as such. For instance, a 2×4 must be followed with a disclaimer that the wood is actually 1.5-inches by 3.5-inches and include a phrase equal or similar to “actual dimensions.”
- “Popular or common product description,” like the word 2×4, must be “clearly described as ‘popular name,’ ‘popular description,’ or ‘commonly called.’”
- Dimension descriptions are required to use the “inch-pound unit,” meaning they must include abbreviations such as “in., ft., or yd.,” and can’t use symbols like ‘ or ” to denote measurements.
According to a 1964 publication by the U. S. Department of Agriculture titled History of Yard Lumber Size Standards, the national standard for lumber dimensions was established in 1924, with several revisions made over the years since. How is it, then, after 90 years of national, government affirmed standardization, the “consumers” of Kalifornia are so bewildered that one company can be singled out and levied such an exorbitant fine for “unlawfully” labeling it’s product?
Surprised?
The real underlying issue, the greater concern if you will, has nothing to do with lumber dimensions. This case is a mere symptom of a much deeper problem. There’s an increasing ideological divide in this country in which the courts and our government continually impose laws and rules that pander to the lowest common denominator. I believe the birth of this mindset originated with the McDonalds hot coffee lawsuit in 1992, which paved the way for these frivolous progressive “consumer protection” actions. Common sense and personal responsibility have long since given way to this “nanny state” mentality, through which we all must be protected from our own stupidity and negligence. After all, anything that threatens (reveals) our intelligence, or lack thereof, must be dangerous and offensive, yes?
Clearly not everyone thinks this way, hence the ideological divide. And make no mistake, the divide is real and gets wider every day as a result of the cultural and social dependencies nurtured by actions such as this lawsuit. I have no doubt that a significant proportion of the population is cheering this as a legal and moral victory. For every one of us who is outraged at the frivolous absurdity of this Lowes finding, there’s no doubt at least one counterpart in America who celebrates this as a victory against capitalistic dominance and discriminatory business practices.
We are a nation completely obsessed with taking offense. It dominates our news, our daily conversations, our social media, and shapes our political alignment. Somebody please tell me, where is it written that anyone anywhere has a “right” to live without offense? Just because you’re offended, uninformed, underprivileged, or blatantly stupid, doesn’t mean you’re being discriminated against. And just because you’re inconvenienced certainly doesn’t mean you’re entitled to compensation. Or at least it didn’t used to.
Everyone and his brother is fixated on one label or another, and any word, term, phrase, color, pattern, sign, or whatever that might cause someone hurt feelings is suddenly deemed insensitive if not discriminatory. Even our own US flag is under attack by those who worry it might be viewed as offensive. Imagine that! Offensive!? Offensive to whom? And who cares? This is America, and this is our flag, is it not? But I digress.
We are becoming a nation of helpless entitled pathetic crybabies, more interested in reality television, selfies, and a government provided free ride than in learning and earning our way in this world. And God forbid, anything that offends any one of us, the lowest common denominator, might be socially and politically unacceptable. Perhaps all adjectives should be banned and we should all wear homogenous pattern-less uniforms of beige or some other benign color. While we’re at it, we can do away with nouns and names and just assign everyone a serial number. Equal income, equal distribution of wealth, equal opportunity regardless of effort or intelligence. Socialism, Marxism, Communism…? Where does it end?
You know what’s really scary? There are plenty of “Americans” who think that’s a great idea. How’s that for offensive?
I’ll tell you one thing, bub… if you don’t know that a 2×4 isn’t actually 2 inches thick and 4 inches wide, do us all a favor – instead of getting sawdust in your mangingo and lawyering up, put down the hammer, go buy yourself a box of tampons and a Midol, wash it down with that skinny soy milk double latte frappawhatever, and hire someone who knows what the hell he or she is doing.
***
Virginia Toolworks 