Posted on 04/23/2010 8:41:52 AM PDT by Behind Liberal Lines
In a ruling of first impression, a Criminal Court judge in Manhattan has found helium to be a "noxious material."
Based on that finding, Judge Matthew A. Sciarrino Jr. has allowed the Manhattan District Attorney's Office to proceed with the prosecution of three men arrested for selling helium balloons outside of Madison Square Garden during a Phish rock concert.
The men were charged with a Class B misdemeanor, which is punishable by up to 90 days in jail.
The arresting officer reported seeing "unapprehended individuals" inhaling helium from the balloons.
Although "nothing makes a little kid smile more than being handed a balloon," Judge Sciarrino wrote, helium, if inhaled excessively, can generate "noxious or suffocating fumes" that "can immobilize a person."
Helium balloons are commonly used at social, business and political events ranging from children's birthday parties to celebrations of initial public offerings in front of the New York Stock Exchange. The ruling left open the extent to which event planners and balloon purveyors could be open to prosecution when others abuse their decorations.
A spokesman for the New York Police Department said patrolmen are given "no special instruction" for making arrests involving the sale or possession of helium balloons. The Manhattan district attorney's Office did not respond to a request for comment.
Ellen Forman, the owner of Balloons to Go, said that "if some idiot inhales helium because he thinks he is being cute, it should not be on me."
While inhaling helium can be dangerous for someone with a health condition like asthma, Ms. Forman said that "helium is not poisonous and does not create a high. It just makes your voice squeaky."
Ms. Forman reported selling 21,000 helium balloons to decorate restaurants last New Year's Eve.
The New York State Office of Alcoholism and Substance Abuse has issued an advisory about the use of inhalants that can produce "mood altering" effects when inhaled excessively. While the advisory listed more than a dozen common household products such as glue, spray paint, deodorants and felt tip markers, there is no reference to helium.
Steven J. Pasierb, the president of Partnership for a Drug Free America, however, cautioned that any gas that is "huffed" can be dangerous because it deprives the body of oxygen. Lack of oxygen is what "makes the head spin and creates a dizzy, fuzzy sensation," he added.
Spokespeople for the city and state health departments and the city Department of Consumer Affairs report that their agencies have not issued advisories about helium or sought to regulate its use.
“Steven J. Pasierb, the president of Partnership for a Drug Free America, however, cautioned that any gas that is “huffed” can be dangerous because it deprives the body of oxygen. Lack of oxygen is what “makes the head spin and creates a dizzy, fuzzy sensation,” he added.”
Next they will ban holding your breath.
Protect us from the Nanny State!
“Slightly off topic, but what exactly does it do to your vocal cords?”
It doesn’t do anything to your vocal cords. It is an inert gas. It makes the pitch of your voice higher because sound travels faster in helium.
Another non poisons gas, Sulfur hexafluoride (SF6), sometimes called the anti-helium has just the opposite effect. It lowers the tone of your voice. SF6 is regulated somewhat however because it is considered a greenhouse gas.
Are these people crazy? It wasn't helium, you morons. At a Phish concert?!?! I'm guessing $5 each, 3 for $10.
It was nitrous oxide, laughing gas. It's a Phish concert! Drug extravaganza extraordinaire!
Helium in a balloon at a Phish concert! That's like accusing people of drinking apple juice out of coconuts at a Jimmy Buffett concert.
We all get that the arresting officer and the judge all believed the gas was helium and their ruling is idiotic since that was their thinking.
We're just pointing out that their stupidity is compounded by the fact that nobody buys and huffs balloons full of helium, especially at a Phish concert.
Argon is heavier; xenon is costly!
Nitrogen alightly lighter than air. Oxygen is heavier than nitrogen.
We obviously must outlaw every gas except oxygen! It's for the children! Better outlaw sparks, too.
I'm glad you get it. But I don't think everyone else did.
what’s next on the to-be-ruled-noxious list. carbonated sodas?
George Orwell was a prophet he just got the year wrong.
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