Llbeab wrote:
Derek- Why do you cross post EVERY single blog post over here?
Seriously and posting under a different name every time. Trying to pretend its different people.
He's as bad as the"cheaters"
Llbeab wrote:
Derek- Why do you cross post EVERY single blog post over here?
Seriously and posting under a different name every time. Trying to pretend its different people.
He's as bad as the"cheaters"
Mr. Obvious wrote:
Snsnssndnj wrote:Maybe, maybe not. The defendants simply have to argue they would not have run the race if they had to pay, so no lss there. Also, since they did not prevent anyone else from registering, no list entry fees there. If they took no items if food or swag, the RD is not out of pocket any amount due to their actions.
No, not at all. This is a very poor argument. If the case is made that the elements are there the theft, the bandits can't then argue they wouldn't have done it if they had to have paid. You can't argue that in a shoplifting case, or a case where you have not paid for a cab or a meal. You actually took the service, so now you owe for it (and I do not know that there aren't damages over and above, just the entry fee seems like a slam dunk).
If you are talking about the statutory "theft of services" then I agree whether they would have run or not is not relevant. They likely qualify for the statutory fine.
However we are talking about the civil action. I would like to see a citation to a civil case in which an RD sued successfully for lost entry fees. As you likely know, without actual, out of pocket, loss, damages are hard to get.
Damages might be difficult, but you should be able to get a restraining order to prevent them from doing it again.