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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