The only way

[Former_Member]

I am starting to feel like nobody in Congress or at the CPSC is listening to us. I feel like we have made our point over and over. I am starting to think that the only way this whole situation is going to get fixed is if somebody, some small crafter, gets busted selling something that is completely safe and nontoxic, yet uncertified, and goes to court. I think the only way this is going to get resolved is in the court system.

[Former_Member]

You're right. I hope it's not me because I can't afford it. But I am going to keep making stuff with fabric that the government is letting me buy in the fabric store.
Ugh! It Makes no sense at all!

[Former_Member]

I think there comes a point where you just have to say no to excessive government intervention.

[Former_Member]

I would just love to defend myself, one on one, to a judge. I would love to explain how compliance with this law is impossible and how I know that my toys are nontoxic and safe.

Surely some lawyer would take this up for free? Or for a discount? Or would take payment in the form of squirrel pull toys?

[ModandMint]

hehe how many squirrel toys would a lawyer cost?
i would think there must be one out there that would want to take this issue up, but how to find him or her?
The whole Etsy community would have your back and would be rooting for you.

It would be sad if it has to go so far, but you're right, it looks like it.

[Former_Member]

Seriously considering it.

[Former_Member]

Yes, I totally agree! Some lawyer somewhere would take up the cause!

[Former_Member]

haha how much fabric do you think a lawyer would cost!

[Former_Member]

I'm afraid I might just have enough fabric to pay a lawyer!

[Coolstraps]

It won't matter if the toys are safe or not. All that will matter is that the law has been violated. The inability to comply with a law is not an argument against the validity of the law. This law will have to be challenged on its constitutionality or repealed as a result of the will of the people. Somehow, the will of the people doesn't seem to count for much these days.

[LaurieRyan]

OR if a bunch of us crafters get together and file a law suit to get the law repealed

[SkyviewClay]

I'll go to court before I give into this mess. All of my products are custom. All would need testing. All would be destroyed in the process. Perfectly safe artwork. Nope...not giving in here.

[Former_Member]

The question is, what awesome kick-butt lawyer would be appropriate to take this on and go to bat...

I am sure there is someone out there.

[Former_Member]

Coolstraps, I disagree. If it is impossible to comply with a law, not only financially but physically and logically, then that calls into question the validity of the law.

For example, how can an artist who paints a picture for a child's room comply with this law? The painting is a one of a kind and would be destroyed by the testing process.

Also, the CPSC has said that the punishment for violating this law actually does depend on circumstances like whether or not your items actually contain lead, actually harm someone, etc. So someone making toys that are indeed safe but not certified would not be prosecuted to the extent that someone knowingly making unsafe toys would be.

[DancingWindDesigns]

I've been seeing Erin Brokovitch on TV ads lately-wonder if she could recommend a lawyer that would help for nothing. It's going to take a class action suit to get this law repealed. (I'll throw in some beads to go with the pull squirrels and fabric.)

I agree with justmakeme-there has to be a lawyer out there willing to take this on.

[Coolstraps]

Matsutake, by the time you get to court, the CPSC has already decided to enforce against you. I'm not arguing the law is valid. Far from it. What I'm saying is that finances and rationality are not what the courts rule on. Erin Brokovitch is a plaintiff's lawyer who goes after "evil" corporations and businesses... like us... LOL

[Former_Member]

But our body of law is based on statutes and precedents. So a court ruling can definitely alter how a law is interpreted. Maybe a judge would say, well, if you make one of a kind items or use lead free components, then you are okay. Know what I mean? A court ruling could add exclusions or modify the law in ways to make it more workable. I hope.

[Former_Member]

"Or would take payment in the form of squirrel pull toys?"

hahahaha

[KnittingCrab]

We should all put our etsy money together, buy an island, and make our own laws. That's my dream.:) Anyone want to come?

[Beckamade]

matsutake, you could look up trial and litigation attorneys in your area yellow book. A lot of litigation attorneys, especially class action (for all of those affected) are willing to work on a contingency. Or at the very least they might be able to point you in the direction of someone who would be more specialized in this sort of law. Calling and asking is free, and someone might want to help. I would offer up my hubby, but he is only licensed in ND at the moment. Let us know if anything comes of it.

[Former_Member]

Here's the real test: try to take your old kids clothes or toys to the toxic waste dump. Those folks know what's a real threat and what's not, and they don't want to waste their time or facilities on politically expedient nonsense.

[Former_Member]

Would etsy make me unlist it?

[Former_Member]

No, Etsy will not make you unlist it.

And there was a class action lawsuit brewing, and hundreds of people stated they were interested but when it came down to paying for the lawyer, no one wanted to pay. So, I beleive that movement is dead in the water.

[Former_Member]

The Institute for Justice may be an avenue.

Bugga, I wanted to, but literally had no money. The mortgage would have bounced. :(

[Former_Member]

Which is to say, the economic situation makes the timing of this atrocious act particularly difficult. Talk about kicking us when we're down.

Too few of us have the resources to fight back.