The Court of Appeals’ May 2 dismissal of Anthony v. Garrity (somewhat misleadingly reduced to the “911 case”) reinforces the paramount importance of paying close attention to proper procedural process on the side of defense and appellate counsel. (“Top court bows out of 911 case,” May 3.) It also presents a cautionary tale in view of the use of protective orders without additional spatial clarification.
An analysis of the 1997 floor debates and memoranda provided to the Maryland legislature by law enforcement and victims’ rights groups alike clearly indicates that the legislative intent reflected in Section 4-501(p)’s definition of “residence” is limited to a property’s curtilage, whose “common areas” (at issue in Anthony v. Garrity) refer to lobbies, laundry rooms, elevators, etc., in multi-tenant buildings, not the public street in front of a single-family home.
To avoid unintentional (or intentional, honi soit qui mal y pense) misinterpretation and, as in this case, emotionally costly and unnecessary litigation, both petitioners of and prospective respondents to protective orders ought to insist on upfront clarification by requesting that the issuing judge specifically address any additional restrictions to apply beyond the curtilage of the “residence” proper.
J. Christoph Amberger, Towson
Dr. Maravene Loeschke has the full support of the Towson University Foundation, Inc.’s Board of Directors. In her role as President of Towson University, she is required to ensure that the University is compliant with all federal laws and fiscally responsible academically as well as athletically. These decisions are difficult and sometimes very painful.
As stewards of the philanthropic funds coming into the university, the Board is responsible for the investment, management and use of those funds and has an obligation to ensure that funds are administered properly and compliant with all laws in the furtherance of the mission of Towson University.
The University System of Maryland Board of Regents, the USM Chancellor, members of the Board of Visitors, and several legal and financial experts have thoroughly examined and ultimately endorsed the Athletics Task Force’s recommendation. President Loeschke made this decision through the creation of a task force which included alumni of the two affected sports, holding open public forums, and posting reports, data and updates on the website. After full examination of the data and careful deliberation she made the decision necessary to enable Towson Athletics to be fiscally sound, federally compliant and competitive.
Since her arrival, President Loeschke has worked to engage students, faculty and staff; embrace the greater Towson community; develop bridges to more businesses and civic organizations. She has brought focus to the University’s initiatives in STEM education and workforce development, innovation in teacher preparation and leadership development.
It is incumbent on all of us to ensure that Towson University continues to offer an affordable, accessible, quality education.
Thomas Berenbach ’72, Ira Cox ’88, Douglas Erdman ’80, Samuel Fine ’03, Ellen Fish, Dennis Mather ’72, John Hayden, Arsh Mirmiran, J. William Murray ’08, Molly Shock ’75, Bryan Thaler ’97, Marcia Zercoe ’82
The writers are members of the Towson University Foundation Inc. Board of Directors