May 31, 2006
Stare DCisis: Clap Your Hands Say No
Written by DCist contributor Judy Coleman. See all her biting legal analysis here.
Summer lovin' may be a blast. Summer lovin', as it is wont to do, happens so fast. But, gonorrhea, that takes a long time to detect – so long that you might not be able to sue your summer fling for giving it to you. As cupid stumbles, hiccuping, out of The Big Hunt this summer, pointing his bow where he probably shouldn't, interns new to the D.C. scene should beware the lessons of Duke v. Housen. The case that makes up in human interest what it lacks in name recognition.
The year was 1970 and young District resident Margaret Housen was clearly looking for excitement in her life. A part-time college student who worked on the side, Margaret was an opportunistic lass, and when her brother introduced her to defendant Angiers St. George Biddle "Pony" Duke, Jr., she wasted no time – indeed, saying his name alone took up precious seconds. That night, Margaret and Pony got off to a galloping start in the front seat of his pickup truck somewhere in Virginia.
Pony Duke, you see, was from Wyoming. And like Wyoming 's representation in our government, was larger than life. He declared his love for Margaret, as well as a desire to marry her, and, because she apparently was not a degree candidate in the school of romance, Margaret agreed to join Pony for a cross-country road trip. They went from New York to Iowa and finally to Denver, where he ditched her and drove back to Wyoming on his own. Incredibly, it is legally relevant that Margaret Housen and Angiers Duke had sex frequently throughout this trip, in many states. When it came time to sue the bastard for giving her The Clap, only certain states would allow Margaret to do so.
If you want to bring a lawsuit against somebody, you have to do it within a reasonable amount of time from when you first were injured by that person. In personal injury cases, states tend to keep these periods short – in some places as short as one year. In just about every state, the court will apply the limitations period of the state where the injury happened, or, where the "cause of action arose." Wyoming had such a rule at the time, so its court had to figure out where, poetically, "[Duke] introduced into the body of the plaintiff infectious pus producing bacteria known as gonococci."
Though it can't be found on the menu at Sette Osteria, gonococci is a dish best served hot - it leads to gonorrhea eventually.
As many young coeds have doubtless realized, it's tough to tell exactly when you contracted an STD. The court here – a Wyoming court – spun around a few times and put its finger on the map. Duke and Housen had had sex twice in New York, once at the start of their road trip, and once a week after he left her, when he returned back East. Because the last act of exposure occurred in New York, the court held, the injury - legally, at least -- took place there.
Wyoming "borrowed" New York 's three-year statute of limitations period for this case and dismissed Margaret's lawsuit, which had been filed in 1974. It wasn't Margaret's first case against Pony Duke. Her earlier lawsuit, brought properly in 1971, was dismissed. But now she was back with a vengeance – demanding $1 million in damages. With such high demands, and some negative legal history on the table, it's not surprising the court gave only a casual glance to whether other states may have permitted Margaret's suit. If it really wanted to, the court could have easily said she was exposed to the disease in any number of places. Nebraska and Wyoming, for example, had limitations rules that favored Margaret.
The District was not without its advocates in this decision. The concurring judge argued that D.C. law should apply because Margaret discovered she was infected while at her home there. But D.C. law would have barred the lawsuit as well, so there was no real disagreement. New York law carried the day.
If you look too closely at the reasoning in this case, you'll go dizzy. The takeaway, though, is straightforward. It isn't to fit a wallet-sized version of the statutes of limitation in your wallet next to your two-year-old "emergency" condom. It's to beware men named "Pony" and to ask yourself whether they're worth a ride – across the country, that is.

This is by far the most important article yet posted on DCist. This along with the White album and Plato's Republic should be sent into space as emissaries of our civilization.
Wait, did he give her gonnorhea or the clap? Aren't those different things? And aren't they both treatable with a bit of antibiotics?
The Clap is gonorrhea. I had to look this up myself. http://www.giantmicrobes.com/venereals/clap.html
Oh, I always thought the clap was chlamydia.
"clap your hands say no" is such a great heading. i laughed out loud on that one.