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38 Am. J. Juris. 335 (1993)
If Dwarf Tossing Is Outlawed, Only Outlaws Will Toss Dwarfs: Is Dwarf Tossing a Victimless Crime?

handle is hein.journals/ajj38 and id is 339 raw text is: IF DWARF TOSSING IS OUTLAWED, ONLY OUTLAWS WILL TOSS DWARFS: IS DWARF TOSSING A VICTIMLESS CRIME? ROBERT W. MCGEE* INTRODUCTION THIS ARTICLE EXPLORES SOME LEGAL and philosophical issues surrounding the practice of dwarf tossing, the sport by which dwarfs are thrown for fun and profit. Part I provides some background information regarding the sport. Part II analyzes the body as property argument and tentatively concludes that individuals have an absolute right to do with their bodies as they see fit. Part III discusses whether the balancing of interests argument is a valid limitation on the body as property argument and concludes that it is not Part IV looks at the argument that dwarf tossing should be banned or restricted on public policy grounds. Part V asks whether dwarf tossing should be outlawed and concludes that there are no valid arguments to justify outlawing or restricting the practice. I. BACKGROUND The dictionary defines a dwarf as a fully grown person, animal, or plant of less than normal size for its species or kind.' Dwarf tossing is a sport and a form of entertainment that usually takes place in a tavern or sports facility. The object is to throw a dwarf as far as possible. Whoever throws the dwarf the farthest wins a cash prize or trophy, plus the admiration of the spectators who are watching the tossing. The dwarfs wear protective knee and elbow padding, neck braces, and helmets.2 To minimize the chance of * The author would like to thank Vivian Lugo and John Tortora for providing research assistance. 1. Webster's New World Dictionary of the American Language, 2nd College Edition (1984), p. 317. The first edition (1964, p. 452) elaborates by stating that dwarf refers to any individual that is considerably smaller than the average for the species and sometimes implies malformation or disproportion of parts; midget refers to a normally formed and proportioned, but diminutive, human being; Pygmy strictly refers to a member of any of several small-sized African or Asiatic peoples, but it is sometimes used (written pygmy) as a synonym for dwarf or midget. Italics in original. 2. Dwarf Tossing, Sally Jessy Raphael Show #502-9, Transcript #172, May 2, 1989, p. 11.

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