The letter, by attorney Dale O. Cox, spells out the grievance. Cox, a season ticket holder, was upset that other fans were flying paper airplanes “generally made out of the game program,” and tossing them around. Cox was concerned about “the risk of serious eye injury and perhaps an ear injury” that such paper projectiles could cause, so he asked the team to stop such behavior. And then there’s the legal threat: “I will hold you responsible for any injury sustained by any person in my party attending one of your sporting events.” Fighting words, in legal-speak.
The Browns’ general counsel, James Bailey, replied to Mr. Cox — that’s what would generally happen in a matter like this, and in this case, he did so by a letter dated just a few days later. But the letter didn’t inform the aggrieved Mr. Cox of the team’s decision to crack down on paper airplanes. It didn’t have any legalese in it, explaining the team’s view of the law. In fact, it didn’t say much of anything. Yet, it may be the best legal reply ever written. You can see it below.
A few years later, the Cleveland Scene, an alt-weekly, discovered the above letters (without explanation as to how), and the letter became a cultural meme of sorts. (It recently made its way into an episode of NPR’s Wait, Wait, Don’t Tell Me!, as a trivia question.) As absurd as Mr. Bailey’s response seems, it’s real. In early 2011, a reporter from the Cleveland Plain Dealer tracked down Bailey and Cox, both of whom recalled the response fondly. Cox even admitted to using a similar reply tactic “a couple times [himself] since.”
From the Archives: Tax Refund: How a lawyer made half a million dollars for an hour’s worth of work.
Related: “Billions and Billions” by Carl Sagan. 4.3 stars on 101 reviews.