The Freedom Pilgrimage

From July 14-18, 2023, the annual convention of the American Association for Justice took place in Philadelphia. It’s always awesome to see good friends, attend great continuing legal education courses, and explore the location of the convention. This year was no different.

I was particularly excited to see the sights since I’d never been to Philly.

Pro tip: don’t do your sight seeing on a Sunday when its raining. Also, a small amount of research goes a long way [facepalm]. For example, although the National Park Service gives guided tours of Independence Hall, there is only space for around 20 people per tour. The tours are free, but you are required to get tickets online, here. Not knowing that the first time, I went back the next day to take the tour, and it was well worth it.

The National Park Service officer, above, began the tour by asking everyone if they knew what this room was. I recognized the Judge’s bench, witness stand, and an accompanying jury box instantly, but did not answer any questions. What I did not immediately recognize was the cage in the center of the room.

The officer explained people accused of crimes would be tried while in the cage. She questioned how one could be presumed innocent in front of their peers while caged in such a manner, and how unfair that must have been. The officer then explained the importance of an impartial jury trial, and the importance placed upon that right by the founding fathers. The officer then instructed the group to turn around and go across the hall, seen below:

It was in this room where the Declaration of Independence was signed (albeit not all at the same time). In writing this document, Thomas Jefferson listed grievances committed by King George III, including:

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

. . .

For depriving us in many cases, of the benefits of Trial by Jury ... .”

— Declaration of Independence (Jul. 4, 1776)

The Sixth Amendment and the Seventh Amendment to the United States Constitution, proposed several years later in 1789, enshrined the benefit of the right to trial by jury in criminal and civil cases, respectively. Every state constitution also enshrines these rights, which we’ve written about in other places, here.

It is also worth mentioning the room pictured above is where Nicholas Cage read a treasure map with bifocals left behind a brick on the building. #IYKYK

Other interesting facts from the National Park Service are seen below:

The freedom pilgrimage could not have been complete without retracing the steps of the greatest boxer of all time.

I didn’t realize how far Rocky ran while training for the first Apollo Creed fight until actually going to Philly. The montage has him going from the gym, to the Italian market, passed town hall, and up the steps of the Philadelphia Museum of Art, estimated to be approximately 30 miles. That’s probably why he went the distance with Creed.

There’s lots to do and see in Philly. Hopefully some of the above provides some guidance the next time you are there.

Water Consciousness - Things to Remember this July 4th

A few recent events have reminded me of the importance of being water conscious.

Earlier this year, a story emerged about Peyton Hillis, whom you may remember as Arkansas’ top ranked high school football player in 2004:

You may remember Hillis catching punts for the Hogs, or having the best hands on the team during his time in Fayetteville, but I remember him being the bone crushing fullback for DMAC and Felix Jones:

Or … you may remember Hillis being the Madden cover-boy in 2012:

It took someone with that kind of athletic ability earlier this year to prevent a tragedy. A swimming incident occurred involving Hillis’ son and niece (both under 10-years old), which nearly took his life on January 4th of this year, as he told Good Morning America:

Just a few days ago, another Razorback football legend was not so lucky in a similar situation. Ryan Mallett tragically drowned on June 27, 2023. It was first thought he got caught in a rip current on the Florida Gulf Coast near Destin. Although I’ve been a time or two, going to the beach is not a regular activity for me. I’ve never researched rip currents before until now. The National Oceanic and Atmospheric Administration (“NOAA”) explains:

“When waves travel from deep to shallow water, they break near the shoreline and generate currents. A rip current forms when a narrow, fast-moving section of water travels in an offshore direction. Rip current speeds as high as 8 feet per second have been measured—faster than an Olympic swimmer can sprint! This makes rip currents especially dangerous to beachgoers as these currents can sweep even the strongest swimmer out to sea.”

— oceanservice.noaa.gov

The NOAA recommends caution for beach swimmers because rip currents move perpendicular to shore and can be very strong:

A person caught in a rip current can be swept away from shore very quickly. For whatever reason, the rip currents in the gulf have been particularly bad this year. Local authorities have warnings along the beach to advise how safe it is to swim, which ranges from dangerous marine life to the beach being closed. According to the NOAA, the best way to escape a rip current is by swimming parallel to the shore instead of towards it, since most rip currents are less than 80 feet wide. A swimmer can also let the current carry him or her out to sea until the force weakens, because rip currents stay close to shore and usually dissipate just beyond the line of breaking waves. Occasionally, however, a rip current can push someone hundreds of yards offshore. The most important thing to remember if you are ever caught in a rip current, according to the NOAA, is not to panic. Continue to breathe, try to keep your head above water, and don’t exhaust yourself fighting against the force of the current.

Okaloosa County, Florida authorities later issued a statement that rip currents or other swimming or surf conditions were not a factor in Mallett’s passing. It was just a tragic accident.

I’ll never forget Mallett towering above his teammates and coaches walking up and down the Hogs’ sidelines in 2008 while he sat out that season after transferring from Michigan. As a Razorback fan, it didn’t take long in 2009 to realize Mallett was a special player as he torched a very good Georgia defense:

Mallett’s other accolades from 2009 can be seen here, here, and here. In 2010, Mallett led the Hogs to their only BCS bowl appearance, and for any Hog fan, they won’t forget moments in these two games:

Mallett’s other accolades from 2010 can be seen here and here. As a Hog fan, Mallett represented hope, and provided uncommon faith in a player that does not come around often. I think the hope, faith, and joy he brought as a player to fans is why many who knew never personally knew him (me included) feel a sense of sorrow after his passing, which was shown by the eruption of social media post by people whom Mallett generously shared a picture. As a person, he was obviously much more to those close to him. #Remember15

The water safety events involving Hillis and Mallet, and the approaching 4th of July holiday weekend, were a reminder to me to always be water conscious. What hit me about the Hillis’ interview was him talking about the weather causing dangerous swimming conditions. The Hillis and Mallett situations got me looking into other water safety topics. I found stories including three men who drowned while recreating too close to a low-water dam in the Tulsa area on the Arkansas River, a duck hunter falling through ice and nearly drowning, and high winds causing a boat to capsize, causing a duck hunter to drown.

The Red Cross recommends the following swimming safety tips: (1) provide close and constant attention to children you are supervising in or near water; (2) take smart precautions and use layers of protection; and (3) ensure that everyone in the family learns to swim well and what to do in a water emergency. Each recommendation has several sub-points supporting each factor that is worth reviewing. Other additional water safety resources provided by the Red Cross are:

Water safety;

Drowning prevention and facts;

Home pool and hot tub safety;

Swimming in lakes, rivers and streams;

Swimming safely at the beach; and

Life jacket safety saves lives.

Each link above has several worthwhile recommendations under each topic to think about before hitting the water this holiday weekend.

If you’re looking for swim classes, the Red Cross also provides locations near you. Locally, the City of Arkadelphia will be providing swim lessons this summer through the Parks and Recreation Department at the Aquatic Park. The first session of swim lessons occurred from June 6-16. The second session is from July 11-21, and the third session is from August 1-11. Each session will be on Tuesdays, Thursdays, and Fridays from 10:00-10:30 am at a cost of $65.00 to participate. Each session will cater to six different swimming abilities.

In addition to swimming safety, a website hosted by the U.S. Coast Guard has lots of relevant water safety topics. For example, one study by the National Association of State Boating Law Administrators found as follows:

Recreational boating statistics published by the Department of Homeland Security and the U.S. Coast Guard are also telling. For 2022, the following charts demonstrate the primary contributing factors for boating accidents and injuries are closely correlated:

You can find the full document here, and below is an executive summary of all data, and the conclusions drawn by the authors:

From this author’s perspective, and perhaps not surprisingly, the conclusion to draw from these statistics is to ensure the operator of a boat has enough experience and education to do so; and to be conscious of the leading causes of boating accidents and injury shown above. The Arkansas Game and Fish provide lots of good resources on boater education, which you can find here.

With the above in mind, have a safe and fun holiday weekend celebrating the birth of the country.