Attorney Ben Schwartz brings our attention to some of the laws that he finds to be strange Delaware laws.
Hi, I’m attorney Ben Schwartz,
Today we are going to do a video on strange Delaware laws. I have seen a lot of stuff on Facebook, and on the internet, talking about strange laws. There are strange laws on the books in every state, but I must tell you that as a Delaware lawyer, I find that Delaware has some of the strangest laws. We recently did a video on Delaware Day, so if you saw that video you’ll know that we have a statute in Delaware making December 7th of each year Delaware Day. This is the day that the Delaware delegation, in 1787, ratified the US constitution. That’s why they called Delaware the First State.
What I find strange about the law is that it says that the state of Delaware shall make provisions for suitable and proper celebrations. i.e., the state of Delaware is supposed to be hosting parties to celebrate this. If you went to the University of Delaware, you would understand, Delaware is a party place. So, it kinda makes sense. Some other stuff that I think is strange under Delaware law… I’ll give you some examples. If you’re on probation, or if you’re on parole because of a crime, and you get married that marriage is prohibited. In fact, it’s avoidable. 13 Delaware code section 101 B-7 says marriage is prohibited and is void from the time its nullity is declared by a court of competent jurisdiction, at the instance of the innocent party if either party there too is on probation or parole from any court or institution. So, if you’re on probation or parole and you’re trying to get married, you might want to hold off until after you are released from the terms of probation before you get married, otherwise, you might find yourself without a husband or wife.
It is illegal in Delaware to advertise for adoption, which is kind of strange if you’re trying to put a baby up for adoption, or if you’re an adoption agency and you’re trying to connect parents who are looking to adopt with people who are looking to find a good home. In a good solid family, for their baby, that they can’t take care of, you would think that would be one of the most important things to advertise, but under 13 Delaware Code, section 930, it’s illegal to advertise for adoption. Delaware has a law that creates a hearing aid loan bank program. 16 Delaware code chapter 26-A – If you’re a deaf child, and you need a hearing aid, you can borrow one from the state of Delaware. That’s good to know!
The strangest thing that I find under Delaware law is it’s illegal to serve margarine in restaurants. There is a law in Delaware that says, its title 16 Delaware code, section 3320-B. Now this law, if it’s violated, it carries up to a year in prison. So, if you are a server in a restaurant or you’re an owner of a restaurant, you might want to pay attention. It’s illegal for restaurants to serve margarine unless they warn the customer that it’s not actually butter. No owner or proprietor of any public eating place shall serve yellow oleomargarine. Unless a notice that oleomargarine is served and is displayed prominently on the menu, or on a placard in clear view of all customers. So next time you’re in a restaurant and you get buttered toast, you might wanna look around and see if there’s a placard that says they’re going to be served you up margarine. You might want to ask the waitress or the waiter what you’re getting. Because under Delaware law you’re entitled to butter.
I’m attorney Ben Schwartz, hope you found these laws as strange as I do. If you have questions for me send me an email below. Thanks for watching!