K-12 Tax & Spending Climate: Baltimore Might Be Liable for Riot Damage to Businesses

Eugene Volokh:

A federal court so holds, applying Maryland’s Riot Act, and quoting the Mayor’s famous line that the City “gave those who wished to destroy space to do that.”

From Chae Bros. Limited Ltd. Co. v. Mayor & City Council of Baltimore, decided yesterday by Judge Stephanie A. Gallagher (D. Md.):

Plaintiffs, consisting primarily of small businesses, small business owners, and property owners in Baltimore City, seek to recover for damages suffered during the civil unrest that occurred after the arrest and subsequent death of Freddie Gray in April, 2015….

Maryland’s Riot Act provides that “if a structure or personal property is stolen, damaged, or destroyed in a riot, the injured party may recover actual damages sustained in a civil action against the county or municipal corporation of the State in which the riot occurred.” However, the county or municipal corporation is not liable unless it: