In the Matter of Patricia Plater Perry vs. Realm of Bricklyn Board of Eduction

January 12, 2024

Note from Bricklyn Eagle Editor Walt Brickman:

We are setting out below the complete text of the just-released ruling of Judge Marnya Brickerlan of the Bricklyn Superior Court.

An overview of the decision, along with reactions from the key participants, has just been posted in today’s edition of The Bricklyn Eagle. We encourage you to read that timely article.

In the Superior Court of the Realm of Bricklyn, VT

In the matter of Patricia Plater Perry v. Bricklyn Board of Education
Case No. 24-003 - Expedited Calendar

Attorney Wendy Tiler Wilson, Esq. for Patricia Plater Perry
Attorney William B. Thompson, Esq. for the Bricklyn Board of Education

Opinion and Ruling by Superior Court Judge Marnya Brickerlan
Filed on this the 12th day of January, 2024 in Bricklyn, VT

Given the upcoming LEGO Realms of New England track meet which appellant desires to participate in, and with the consent of the appellee Bricklyn Board of Education, this Court has agreed to consider this case on an expedited basis. Hearing was held on January 10, 2024, with all parties present and represented by legal counsel.

Appellant Patricia Plater Perry has asked this Court to strike down a Bricklyn Board of Education decision denying the appellant the right to compete in high school track events.

Appellant Perry sets out the following grounds for her appeal:

The BoE violated appellant Perry’s right under longstanding school practice for all students, whether citizens or visitors, to be members and participants on school sports teams.

The BoE, by its’ action, failed to honor the Realm of Bricklyn’s customary practice of “welcoming the stranger.”

Appellee, the Board of Education (BoE), argues in response to Perry’s appeal:

That to overrule the BoE’s decision would result in the denial of equal rights to other students who lack the alleged superior physical characteristics of Ms. Perry as a so-called LEGO “little person” or “mini-doll” that give her an “inherent and unfair advantage” in sports competitions, and

That the practice of welcoming the stranger, regardless of its’ ethical value, does not carry any relevance in Bricklyn law.

The Court notes that the BoE in its brief and oral argument does not dispute that its’ action in banning appellant from participating on a school sports team represents the first time any student attending school in the Realm of Bricklyn has been banned from participation because of their physical characteristics. [1]

[footnote 1] Of course, the BoE can deny or condition participation for other reasons, such as poor grades; bad behavior; or use of illicit drugs.

The Court finds no need to engage in a hearing to determine whether or not LEGO “little people” like Ms. Perry (and Ms. Perry acknowledges being a little person) have an advantage over traditional LEGO minifigure athletes for the reason that, as a matter of law, the BoE’s ruling must be set aside.

1. Welcoming the Stranger

One of the pillars of the Realm of Bricklyn is its’ customary practice of “Welcoming the Stranger.” This has been reflected in longstanding Bricklyn legal commentary and analysis. See, e.g., T. Brickenhammer, Commentaries on the Laws of Bricklyn, Vol. 3, pp. 17-21 (1988); South Bricklyn v. M. Plater Russell, 46 BrickApp. 237 (2007); Fred F. Brickstone v. Barney’s Rubbleworks, 75 Brick App. 213 (2018).

The principle and practice of Welcoming the Stranger has deep roots in Bricklyn as a Realm whose origins involved the emigration of thousands of LEGO people from Denmark to a location within the Outland State of Vermont. Bricklynites benefitted from the warm welcome of Vermonters.

Bricklyn, since its’ founding in 1961, has been similarly welcoming to others, including LEGO peoples, as visitors; as long-term residents; and as future citizens. It is a highly respected aspect of Bricklyn’s culture and heritage.

The philosophy underlying this vital principle is also rooted in religious traditions honored in both the human and LEGO worlds. While Bricklyn is a non-sectarian Realm, we can still take notice of such long- and widely-held traditions. For example, in the Bible — recognized by the monotheistic faiths — it is said that:

“When a stranger resides with you in your land, you shall not wrong him. The stranger who resides with you shall be to you as one of your citizens; you shall love him as yourself, for you were strangers in the land of Egypt.” (Leviticus 19:33-34).

One commentary on this portion of Leviticus observes that:

“The Jewish sages tell us that we must treat strangers with kindness and love them as ourselves. This commandment is mentioned 36 times — more than any other commandment or prohibition in the Torah. And, no other commandment — not to love G-d, not to keep the Shabbat, not to refrain from eating non-kosher foods, nor the prohibition against lying or stealing, is mentioned as many times as the commandment to treat strangers with respect. … The rabbis take such great pains to remind us of the importance of kindness because we have been in need of such kindness countless times in our own history.” Welcoming the Stranger (Gordon Jewish Community Center, Nashville TN J, 2018).

Christian values also emphasize welcoming the stranger. As one Christian spiritual leader has noted, “In Matthew 25:42-46 Jesus points out that when we welcome all types of strangers we are welcoming Christ himself — which is exactly what happened to the two disciples on the Emmaus road. They welcomed the stranger and then discovered it was Christ. Literally.” See Dr. Ruth Haley Barton, “Eastertide: Welcoming the Stranger.”

In Islam, the closely related concept of “honoring the guest” is of great importance.

“Honoring the guest is among the most significant values and rules that have great input in the welfare and righteousness of the Muslim society. Because of its great importance to the Muslims, there are several verses in the holy Quran that urge Muslims to honor their guests. Prophet Muhammad (peace be upon himself) considered honoring the guest one of the major signs of strong faith. This action is a positive response to the prophet’s saying. ‘He whoever believes in God and the last day should honor his guest.’ ” Rules and Ethics of Hospitality in Islam, by Hiussein Mohammad Rababah and Yusuf Mohammad Rababah (Journal of Culture, Society and Development, Vol. 20, 2016), p. 44.

Similar reflections on the importance of welcoming the stranger and honoring the guest can be found in other major religions, including Buddhism and Hinduism.

Governments around the world emphasize the importance of welcoming visitors. The U.S. Department of State, for example, states that “If you are coming to the United States as a temporary visitor for employment or education … we welcome you to this country.” (emphasis added). The Government of Canada notes that “People come to Canada for many reasons. No matter where they’re from or why they’re here, a warm Canadian welcome can make a difference. “

To this Court, the BoE’s decision to ban an exchange student in Bricklyn on a one year Visa from competing for the high school track team is the very opposite of the philosophy encapsulated in the term “welcoming the stranger,” and is no way of “honoring the guest” who is visiting with us.

The Court also notes that the BoE’s citation of Bricklyn v. Joe’s Coffee Emporium, 55 BrickApp. 525 (2009) to argue that the customary law principle of welcoming the stranger does not apply in our proceeding makes is inapposite. Joe’s Coffee Emporium involved the City of Bricklyn’s revoking the business license of an enterprise owned and operated by a permanent resident from the Realm of Brickover, NH, because of violations of Bricklyn labor law (involving the use of underage employees). In such a case, the defense of welcoming the stranger did not apply, as it both conflicted with appropriately applied provisions of Bricklyn labor law and involved a non-citizen / “stranger” who no longer merited being welcome in Bricklyn. [2]

[footnote 2] In Bricklyn v. Joe’s Coffee Emporium, the Bricklyn Supreme Court agreed with the Realm of Bricklyn that the business owner could also be deported from Bricklyn. Again, the Appellee’s citation of this case is not applicable to the factual situation at issue in our proceeding.

As is discussed in Section 3 of this opinion, the principle of welcoming the stranger is clearly part of Bricklyn’s “customary law.”

2. Other Related LEGO Principles

Also of note is The LEGO Group principle that: “Caring shapes an environment where we’re all free to be awesome and belong.” (emphasis added). [3] All LEGO realms, including Bricklyn, give weight to the principles that guide The LEGO Group, the company that created the molds and various body types from which LEGO minifigures (including all Bricklynites) were cast.

[footnote 3] The LEGO Group is a privately held company based in Billund, Denmark. The company is still owned by the Kirk Kristiansen family who founded LEGO in 1932.

Finally the Court takes note of the League of Inland Cities‘ Charter, as both the Realm of Bricklyn and the Realm of Brickport, Maine (where the Perry family resides) are members of the League. The League is an association of LEGO Realms that encourages the freedom of movement and association among its’ citizens.

Section IX of the League’s Charter states that: “The League encourages all member Realms to allow for the entry of citizens of other member Realms to visit, work, and associate, subject to reasonable restrictions, in keeping with the purpose of the League in promoting commerce and social interconnections among the peoples of all member Realms.”

3. The Use of “Customary Law” in Bricklyn

While the Court acknowledges that there is no specific law in Bricklyn that calls for welcoming the stranger or visitor, it is necessary and appropriate — as we have already observed in this opinion — to take into account important and valued customary practices. Such practices in the Realm of Bricklyn clearly include the longstanding tradition of Welcoming the Stranger and Honoring the Guest.

The United States’ Federal Judicial Center describes customary law in the following way: “Customary law is a set of laws based on the traditions, customs, or norms of a local community. It is applied in many countries around the world, often in conjunction with civil, common, and religious legal systems. The content and features of customary law regimes vary by country or region and may evolve over time, in keeping with changes in local customs.”

Bricklyn’s use of customary law follows, in part, Danish legal practice familiar to Bricklyn’s Danish founders. As stated by attorney Angantyr Laurberg Nielsen, of NORDIA Law, “Major sources of law in Denmark include the Constitutional Act, statutory legislation, regulatory statutes, precedent, and customary law” (emphasis added). See Nielsen, “One Minute Guide to Danish Law.”

All of the above indicate why in Bricklyn customary law can be given considerable weight in the absence of specific statutory law addressing the issue at hand. This clearly includes the customary law principle and practice of welcoming the stranger.

4. Are Traditional Lego Minifigure People Unlawfully Discriminated Against by Allowing Appellant to Compete?

As to the BoE’s argument that banning the appellant from participation on a high school sports team is necessary to protect the rights of students who are “disadvantaged” by not being “little people / mini-dolls,” this Court finds no such right spelled out in any current Bricklyn law.

Even assuming arguendo that “little people / mini-dolls” have a competitive advantage due to the way their body types are molded, we fail to see any merit in the claim that this denies “equal rights” to students having the traditional LEGO minifigure body type.

Many Bricklyn students having traditional minifigure bodies simply lack the physical attributes to compete in various sports, regardless of the presence of little people / mini-dolls. This does not mean they are denied equal rights by not being selected to join, for example, the track, basketball, or soccer team.

What’s more, if there were a legal issue involving equal rights, it would be for the benefit of Ms. Perry who — due to her body type — was automatically excluded from participation on the track team. But we need not reach this issue, as the Court finds for Ms. Perry on other grounds.

This Court’s Finding:

In the appeal of Patricia Plater Perry vs. Bricklyn Board of Education, this Court finds that honoring the customary law principle of Welcoming the Stranger calls for the reinstatement by the Bricklyn Board of Education of appellant Patricia Plater Perry to the Bricklyn Striders track team, including participation in competitive school sport events including track.

Appellee Bricklyn Board of Education has 30 days to file an appeal to the Bricklyn Supreme Court if it so chooses.

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