There will be no shortage of commentary today about some yokel councilman from Frederick County, Maryland. Already, the witticisms are flowing, like “he who must not be named,” and Powerline has already created an award in his name to go with the Green Weenie award.
Yup. This would be Kirby Delauter, whose official bio is endearingly small town:
Kirby Delauter
Council Member – District 5Kirby Delauter is the son of Russell and Marlene Delauter. He resides in Thurmont, Maryland, with his wife Tina. They have four children: Maureen, a graduate of High Point University in Highpoint, NC, lives in Thurmont with her husband Blaine Schildt; William, a graduate of Virginia Tech; Emily, a student at Salisbury University in the nursing program, and Sam a student at Catoctin High School.
Kirby was raised in Frederick County, graduated from Catoctin High School and is a veteran of the U.S. Army. He worked within the construction industry and in 1993, purchased the family business W.F. Delauter and Son, Inc. The business was started in 1955 by Kirby’s grandfather, Willie F. Delauter, and his father Russell Delauter. The business continues to operate today doing projects in Maryland, Pennsylvania, and Virginia.Kirby also has served on the Thurmont Police Commission and as Chairman of the Thurmont Board of Appeals.
He’s no doubt proud of himself, his family, his business. So sweet. But why, then, a post about Kirby? Because Kirby, who is entrusted in his position to vote on local laws for Frederick County, did this:
And regardless of anything else Marlene’s boy did or does, this you can’t do. Even Eugene Volokh, who is not inclined toward snark (unlike others who shall remain nameless), lost it this time:
Uh, Council Member: In our country, newspapers are actually allowed to write about elected officials (and others) without their permission. It’s an avantgarde experiment, to be sure, but we’ve had some success with it.
There really isn’t much to add to such a facially laughable assertion as this, but I felt I would be remiss not to join in the Streisand-ing of Kirby Delauter (whose name is used here without permission) because this is a guy who is allowed to have a say in matters that impact on other people’s lives. And he’s a monumental dumbass.
The only question now is whether he’s got the guts to admit the abject stupidity of his threat, apologize and own his stupid. Tough guys like Kirby usually can’t.
Update: Lest anyone get the impression that Kirby Delauter is special or unique in Frederick County, the News-Post sought comment on Kirby’s stance:
Shreve, R-at large, told The News-Post in a phone interview he supported Delauter taking legal actions.
“I did not see his post, but I think The News-Post is extremely biased and someone should sue them,” Shreve said.
When asked if news media outlets should obtain permission to publish an elected official’s name or reference, Shreve said, “I think media outlets are cowards and they hide behind the label of journalists and that’s a bully pulpit to expand their liberal (agenda).”
That would be Billy Shreve, Frederick County’s commission at large and intellectual inspiration for children everywhere.
Update 2: The News-Post has published its Sunday editorial a bit early, entitled “Kirby Delauter, Kirby Delauter, Kirby Delauter,” and it’s brilliant. How brilliant? Read the first letter of each paragraph. That brilliant.
Update 3: Okay, the party’s over. Kirby Delauter has conceded the error of his ways and apologized.
In addition, County Council Member Kirby Delauter, District 5, issued the following statement:
“The first amendment is alive and well in Frederick County. As a public figure working to maintain and improve the county, it can be very frustrating to feel misrepresented or misinterpreted by a local media outlet.
“Over my career I have fired off my fair share of angry e-mails, which in hindsight I wish I hadn’t. I can’t think of one that had a positive effect. Usually, they only served to escalate the conflict. I thought I had long ago learned the lesson of waiting 24 hours before I hit the send key, but apparently I didn’t learn that lesson as well as I should have.
“Of course, as I am an elected official, the Frederick News-Post has the right to use my name in any article related to the running of the county — that comes with the job. So yes, my statement to the Frederick News-Post regarding the use of my name was wrong and inappropriate. I’m not afraid to admit when I’m wrong.
When Kirby met Barbra. Lesson learned.
WTF! This subject matter is really best left to you and your fellow scribblers to kick the former prosecutor in the Nutella with as he feeds his young children’s and comes out of his “coma” of posting up New Years “vote often” ass hat polls.
You can do it Ken. I do it everyday.
Well, the children might complete things but reach deep.
You know 2pm is 2015!!!!!
Vote.
P.S. I am not sorry for mucking up your back pages with this forkball to that square faced cubby cheeked slacker.
Not a lawyer so I’m wondering if it would unethical or just poetic justice to charge him a boatload of money to sue the paper knowing he can’t possibly win.
This is ‘Murica. He’s entitled to retain counsel and sue the paper’s butt off. I fully support his exercise of his right to demand justice, no matter what the cost. And lose.
The attorney has to have a good faith belief that he can win the lawsuit under Model Rule 3.1.
I know this because I had to memorize certain of the rules for the MPRE (which I passed – not that I’m sure that means I’m ethical).
I suppose he could argue that Sullivan needs to be overturned…
Other than that, I have no problem with Kirby Delauter being charged massive amounts of money by an attorney.
Voldelauter – He Who Must Not Be Named. We could just refer to him as that blockhead on the Frederick County Council, but that probably wouldn’t narrow it down enough.
He refers to the journalist by name in the first sentence of his 9:29am post, with the specific, stated goal of shaming her.
I’ve narrowed down what he may have been thinking to 3 options, but can’t decide which I think was really the case:
1) He believed naming someone without permission is illegal, but two wrongs make a right, so it’s OK for him to do it.
2) He believed naming someone without permission is illegal, but lacked sufficient self-awareness to spot the irony of his own position.
3) He actually knew it’s perfectly legal to name someone without permission, but craved the very predictable negative publicity he received (though I doubt he’s familiar with the term, “meme”).
Very entertaining. I’ll be following the legal action all the way to the Supreme Court!!!
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“Shreve, R-at large, told The News-Post in a phone interview he supported Delauter taking legal actions.
“I did not see his post, but I think The News-Post is extremely biased and someone should sue them,” Shreve said.”
As funny as this whole thing has been it does kind of illustrate something I have noticed among non-lawyers — that a lot of people seem to think there is or should be some legal culpability if you do something that they find objectionable regadless of any specific law.
As prevalent as this may be among non-lawyers in general, it’s an epidemic among non-lawyer who hold positions of petty power, and think they are the law.
Unfortunately, there are many town councilors that ARE in the position of making the law, notwithstanding their lack of legal knowledge.
“Something must be done” will almost always result in the enactment of a bad law.
Mayor Bloomberg tried it with large sodas. Fortunately, he failed.
The local town council in Montreal-West has banned: homes with more than 4 cats, leaf blowers out of season, car shelters.
They require permits or approval for: shoveling snow onto the street or changing the color of your doors or windows.
Petty power is just the start.
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Sounds like the kind of elected official that would vote in favor of banning dihydrogen oxide.
Especially when he finds out that there are about 4,000 deaths in the USA alone do to it. Won’t someone think of the children!
The only reason Kirby Delauter* would support the ban of dihydrogen oxide would be for the children. I mean really, one of his campaign issues was eliminating the rain tax, which directly affected DHO.
*Name used without permission.
A question from a person who isn’t a lawyer…Doesn’t Fredricksburg County have an attorney on staff, a County Attorney? And wouldn’t this attorney…uh…tell this Delauter character that he was barking up the wrong tree?
The little podunk town I live in has a County Attorney whose responsibility is to make sure council members don’t step on their dicks, as it were when drawing up new laws and regulations and other such foolishness..
I’m sure it does, but very important public officials sometimes neglect to ask counsel for an opinion before acting impetuously.
I hope Mr. Delauter is enjoying his 15 minutes — he made the BBC news tonight.
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Where did Kirby Delauter ever get the moronic idea that, as a public servant, he had the right to demand…
“Kirby also has served on the Thurmont Police Commission”
Oh.
You all just made my list!
I wish.
Looks like Kirby threw in the towel, at least according to ABC2, WMAR.
“”Of course, as I am an elected official, the Frederick News-Post has the right to use my name in any article related to the running of the county — that comes with the job. So yes, my statement to the Frederick News-Post regarding the use of my name was wrong and inappropriate. I’m not afraid to admit when I’m wrong.” Kirby Delauter, as quoted by WMAR.
So you’re saying you didn’t see my third update?
Yup, that’s exactly what I was saying…
From his quote, it sounds like he thinks they can only use his name in articles related to the running of the county. What if a reporter saw him out boozing it up and making out with a couple of hookers? Could they not write about that? Or if he was caught In flagrante delicto (I use the term here in its colloquially meaning) with a 16 year old boy? Could they write about that?
Enquiring minds want to know!