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Friday, July 11, 2014

It is Not Illegal for Mustached Men to Kiss Women in Public in Iowa

I recently came across this list of things about Iowa that "you probably don't know" on my Facebook news feed. The first item on the list caught my eye:

1. In the state of Iowa, it is illegal for a mustached man to kiss a woman in public. Shorn face PDA only please.

This "fact" reminded me of a recent post by Kevin Underhill over at the Volokh Conspiracy. He writes:

There are an untold number of “dumb law” lists on the Internet or in book form, but with rare exceptions the people who compiled those lists didn’t actually confirm they were real. Sure, it’d be kind of funny if a California town had a law against riding a bicycle in a swimming pool, but as far as I can tell, it doesn’t. Believe me, there’s no need to make this stuff up.
I began to wonder if that mustache law could be real. So I decided to put my legal research skills to the test. I started where anybody who cares about saving money and informing the public should - with Google.

I found no shortage of websites claiming that this "dumb law" exists. But common to all these websites was a dearth of citations to any Iowa statute. Websites making the mustache law claim without any citation can be found here, here, here, here, here, here, here and here. Although with names like omglaws, sodahead, and stupidlaws.com, I'm not sure why any citation is needed.

There are some citations out there. Yahoo Voices, Bored.com, the Date Report, and Crime Wire cite Dumblaws.com, for instance. But while Dumblaws.com provided several links to the text of some of the laws it listed, there was no citation for the mustache law.

Having struck out with Google, I decided I might as well take advantage of my final few weeks of Westlaw access. Searches of Iowa materials such as (kiss! /s mustache!) and even (kiss! & mustache) turned up no laws restricting the kissing activities of mustached men. A "mustache" search of the Iowa Code on the legislature's website led to a number of regulations on barbers, but no kissing prohibitions.

I'm going to go ahead and say it: there is no Iowa law that prohibits men with mustaches from kissing women in public. The law is fake and has gained a life of its own through the terrible power of the Internet.

To those who may argue that this law may be in a municipal code: the claims that Iowa law criminalized mustached men from kissing women in public are all claims about Iowa law, not some ordinance or municipal law of an Iowa city or town. The mustache law is often listed alongside examples of dumb municipal laws, implying that the mustache law is a statewide regulation.

I unfortunately cannot provide a citation for the claim I am making in this post. After all, I am arguing that a law does not exist, and I cannot cite something that does not exist. If anybody wants to dispute the claim I am making here, I welcome the commentary. But I would like a citation as well.

5 comments:

  1. Thanks for this. I was just verifying all the laws that are given on all these sites. Glad I came across this.

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    1. So Mishika, would you let a man with a mustache kiss you in public?

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  2. Glad I happened across this because I was questioning my own recollection. You see, I wrote that "law" in 1988. Or at least, I think I did, it was a long time ago.

    Back then, before the internet, people shared text files of jokes. One of them was "dumb laws" to which I added a few. Over the years I've seen a few of these become supposed fact.

    I can't say with certainty anymore if that's one of the ones I added, but "habitually kisses human beings" is certainly fitting my sense of humor back then.

    Another one that I may have written--but again can't recollect with certainty--is, "It is illegal to hunt for whales in Nebraska, a totally inland state!"

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    1. I just saw this comment. Thank you for the background, I wouldn't be surprised at all if this law morphed from a joke in a circulating text file to an immortal bit of internet misinformation.

      As for your joke about the whales in Nebraska, I've seen that joke around the internet as well. While Nebraska is an inland state, it does have a navy, so perhaps the joke is not totally off-base.

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