Monday, February 12, 2007

Should an honorable bonehead get to change his name to "Peyton Manning"?

Via Above-the-Law, the press reports that Chicago Bears fan Scott Wiese has filed papers to change his name to "Peyton Manning" after losing an unspecified Super Bowl bet:

Wiese, a die-hard fan of the Chicago Bears, signed a pledge in front of a crowd at a Decatur bar last Friday night that if the Bears lost Sunday's Super Bowl, he'd change his name to that of the man who led the Indianapolis Colts to victory.

Final Score: Colts 29, Bears 17.

So on Tuesday, Wiese went to the Macon County Courts Facility and started the process of changing his name.

"I made the bet, and now I've got to keep it," said the 26-year-old, who lives in Forsyth, just north of Decatur.
From a legal perspective, I'm not sure he's bound to keep it (Contracts experts please chime in), but there's also the issue raised in some commentary of whether he's allowed to change it. Perhaps a certain Colts QB will have something to say about whether he's got a protectable property interest (right of publicity) in his good name. Illinois law (see 735 ILCS 5/21-101) provides:
If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition in the circuit court of the county wherein he or she resides praying for that relief. If it appears to the court that the conditions hereinafter mentioned have been complied with and that there is no reason why the prayer should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the prayer in the petition. . . .[A]ny person convicted of a felony in this State or any other state who has not been pardoned may not file a petition for a name change until 10 years have passed since completion and discharge from his or her sentence. A person who has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult, or any other offense for which a person is required to register under the Sex Offender Registration Act in this State or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. . . .
No word on whether Mr. Manning nee Wiese has a felony record (although if he's the same Scott Wiese that participated in this this U-Wisconsin science fair, that seems unlikely)...

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