Legal Brief for December, 2010

Is Santa Claus a Law Breaker?

Christmas is coming.  The elves are working overtime in Santa's workshops at the North Pole.  Santa is making his list and checking it twice.  Mrs.  Claus is getting a supply of cookies baked for the trip.  The sleigh is being readied for another whirlwind trip around the globe.  The reindeer are practicing their takeoffs and landings.  Rudolph is polishing up that shiny red nose of his.  Everyone is caught up in the hustle and bustle.  Just as in all the years past, Santa is almost ready to launch himself off into the northern skies come Christmas Eve.

Personally, I think it is time however for Santa to take a second look at his business model.  I have become increasingly concerned over the years about the legality of many of his activities.  In my humble opinion, I think that Santa would be well advised to schedule a meeting with his legal counsel to get an opinion on whether any of his adventures may lead him astray of the law.  We would not want to see Santa detained without bail in some obscure corner of the globe just as he starts out afresh on this year's deliveries!

Consider the following issues:

1. does Santa's sleigh comply with the licencing requirements of all the jurisdictions that he will be entering?  He is distributing commercial merchandise.  If local businesses are required to obtain a head spinning array of permits and licences to move their goods and products around, won't the same rules apply to a non-resident?  
2. when the sleigh is fully loaded with presents it must weigh an enormous amount.  Has anyone ever seen Santa check in at a weigh scale to ensure that he is not creating a safety hazard for homeowners when he lands on their roofs?  
3. what about the trespassing on private property aspect of Santa's activities?  It could be argued that if someone has written a letter to the North Pole asking for certain gifts, that Santa has in effect been invited on to the property to effect the delivery, and thus is lawfully on the premises by implied contractual permission.  However, what about the majority of homes where no letter has been sent to the jolly old fellow?  Santa may have some difficulty in those cases trying to justify his apparent breaking and entering.  
4. the reindeer are being asked to take on a truly herculean task - circling the globe many times in one night to deliver an unfathomably large load of presents.  The SPCA or PETA may be set to launch an investigation into whether the long term health of these noble creatures is being jeopardized by the way that Santa is employing them.  

Santa - don't take any chances! The legal profession is standing by to ensure that all will go well on your Christmas journey this year.  Don't forget to give one of us a call before December 24th.