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In the late 1980s, an activity known as “dwarf tossing” became a popular attraction in certain taverns and recreational facilities around the country. Bars would hire dwarfs for these events, in which contestants who executed the best throw of the dwarf were awarded prizes. This activity was not popular with everyone. Many citizens and advocacy groups opposed dwarf tossing, and the state of Florida banned the practice in 1989. Bars sponsoring dwarf-tossing events risk losing their liquor licenses under the law. At least one dwarf feels that Florida’s ban is an unconstitutional violation of his rights. Tampa, Fla., radio personality David Flood, known to listeners as Dave the Dwarf, has filed suit in U.S. District Court in Tampa in an attempt to have the ban overturned. Flood v. Bush, No. 8:01cv02261 (M.D. Fla. filed Nov. 28, 2001). Flood — represented by Michael A. Steinberg of Tampa’s Michael A. Steinberg & Associates — is suing Florida Governor Jeb Bush in his official capacity and Kim Binkley-Seyer in her official capacity as head of Florida’s Department of Professional Regulation, which oversees the state’s Division of Alcoholic Beverages and Tobacco. According to Steinberg, the law, � 561.665, Florida Statutes, is unconstitutional on both equal protection and due process grounds. From an equal protection standpoint, “the law is unconstitutional because it treats dwarfs differently than others,” Steinberg said. The lawyer added that in Florida it is perfectly legal to toss taller people. On due process grounds, Steinberg claims that the law is unconstitutionally vague. The statute bans activities that exploit or endanger the health, safety or welfare of those with dwarfism. Steinberg says that the alleged vagueness is problematic. “Is dwarf arm wrestling illegal?” he asked. He added that dwarf tossing “may actually enhance the welfare of a person with dwarfism by putting money in his pocket.” Steinberg agreed to take the case on a pro bono basis after his secretary heard Flood issue a request for a lawyer to take the case on his radio show. According to the district clerk’s office in Tampa, court dates are pending.

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