The Nanny State's War on Ferrets
Written by Brian Garst, Posted in Big Government, The Nanny State & A Regulated Society
Apparently that’s a thing. From Reason:
Malo periculosam, libertatem quam quietam servitutem.
Tuesday
April 2013
COMMENTS
Written by Brian Garst, Posted in Big Government, The Nanny State & A Regulated Society
Apparently that’s a thing. From Reason:
Monday
March 2013
COMMENTS
Written by Brian Garst, Posted in Big Government, The Courts, Criminal Justice & Tort, The Nanny State & A Regulated Society
A day before it was set to go into effect, Nanny Bloomberg‘s ban on soda sales of 16oz. or more has been shot down by a state judge:
A state judge on Monday stopped Mayor Michael Bloomberg’s administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.
The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday.
The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote. “The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule.”
This is obviously a victory for liberty, and I don’t want to look a gift horse in the mouth, but I hope there is more to the reasoning than presented here (having not read the decision there may well be). Of course the law is arbitrary and capricious, prohibiting sales from certain businesses and not others, and allowing sale of 17oz. slurpees but not soda. But even if it were uniform and steadfast, or applied equally, it should still have been struck down. Unfortunately, given the record of the courts in defending liberty, I don’t have much faith that it would have been.
Tuesday
February 2013
COMMENTS
Written by Brian Garst, Posted in Big Government, Culture & Society, Liberty & Limited Government, The Nanny State & A Regulated Society
It’s taken me a bit to get around to this one, as several weeks have passed since the Super Bowl, but I want to comment on it. First, this excerpt from a press release by the Parents Television Council:
Today, the Parents Television Council is calling on the Federal Communications Commission to take action against CBS for the airing of an unedited f-word during last night’s Super Bowl broadcast. Following the defeat of the 49ers, Baltimore Ravens quarterback Joe Flacco exclaimed the f-word on a live broadcast and CBS failed to catch it.
“Despite empty assurance after empty assurance from the broadcast networks that they would never air indecent material, especially during the Super Bowl, it has happened again,” said PTC president Tim Winter.
“No one should be surprised that a jubilant quarterback might use profane language while celebrating a career-defining win, but that is precisely the reason why CBS should have taken precautions. Joe Flacco’s use of the f-word, while understandable, does not absolve CBS of its legal obligation to prevent profane language from being broadcast – especially during something as uniquely pervasive as the Super Bowl. The instance was aired live across the country, and before the FCC’s designated ‘Safe Harbor’ time everywhere but along the East Coast.
So here we have a supposedly conservative organization whining to the federal government that a company should be legally compelled to deliver to them a product in a specific way. That’s completely consistent with conservative principles, right? Perhaps they are “conservative” in the sense that their collective panties are tied into knots at the slightest provocation, but demanding activist government controls in this manner is anything but.
If you don’t want your precious, sensitive little ears to hear naughty words, but bitch and complain that you have gotten nothing but “empty assurance after empty assurance from the broadcast networks that they would never air indecent material,” then maybe you should take a hint and stop watching broadcast networks. You have no right to their content, and certainly not to their content specifically tailored to your wants and desires.
I hear multiple curse words in just about every baseball game I watch. It happens in live television, especially in sports. Either accept it or don’t watch. But using the law to burden others – at tremendous cost – to filter out whatever arbitrary list of words you happen to find unpleasant is ridiculous, and such nonsense undermines the work of those who actually care about limited government.
Sunday
December 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, Free Markets, Government Meddling, The Nanny State & A Regulated Society
The US government poses a serious obstacle to the import and consumption of foreign liquors. Like a product made overseas? Too bad! As for as the government is concerned, you have no more right to purchase the liquor of your choice than you do to manage your own health care.
First off – the United States drinks its whiskey from 750ml bottles. The entire rest of the world (except for South Africa, I believe) does not. 700ml or 70cl is the global standard. The United States does not want its citizens to be confused between two different measurements, so they do not allow for 700ml bottles of booze to be sold domestically. That means that any liquor company that wants to sell its booze in the U.S. needs to put it in an entirely different bottle with a new label as well. All of their other booze can be shipped with ease to every other nation (except South Africa, I believe) around the world. Then a separate, special, time-consuming batch has to be made just for the Americans. That sounds annoying and it probably is annoying to many small companies in the whisky trade, so they say forget the Americans. It’s too much extra trouble.
The reason? You’re too bloody stupid, that’s why (Hat-tip: Overlawyered)!
Kevin Erskine of The Scotch Blog inquired with the Tax and Trade Bureau as to why the US has this regulation. In short, it’s because the agency transitioned in the late 1970s to metric measurements and 750 ml was very close in volume to the then standard “fifth” (referring to a fifth of a gallon). Allowing 750 ml and 700 ml bottles was deemed too confusing for consumers, and so we’re stuck with an aberrant standard and less access to rare spirits.
Big government, limiting your freedom one condescending rule at a time.
Saturday
November 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, The Nanny State & A Regulated Society
The LA City Council has declared the observance of “Meatless Mondays“:
The Los Angeles City Council is urging all residents to observe “meatless Mondays” from now on.
A resolution adopted on Oct. 24 reads: “Be it resolved, that the Council of the City of Los Angeles hereby declares all Mondays as ‘Meatless Mondays’ in support of comprehensive sustainability efforts as well as to further encourage residents to eat a more varied plant-based diet to protect their health and protect animals.”
Councilwoman Jan Perry, who introduced the resolution, also wants to ban new fast-food restaurants in South Los Angeles.
While I suppose that freedom lovers can take solace in the “symbolic” nature of the dictate, you just know it would be backed by the force of government if they thought they could get away with it. Even such a “symbolic” gesture can only come from the mind of person who loves the power of controlling the lives of their fellow citizens and, as we see, the resolution’s author indeed has designs on more than just symbolic demonstrations of nannyism, but also wants to ban new fast-food restaurants.
But perhaps there is a precedent here of which we can one day take advantage. In the distant (or not so distant) future when Jan Perry and all the other petty tyrants have encumbered our existence with so many rules and dictates, we might wish to symbolically declare a “Freedom Friday” in support of maintaining the illusion that choice and free will still exist in American society.
Sunday
October 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, Culture & Society, Liberty & Limited Government, The Nanny State & A Regulated Society
George McGovern, the 1972 Democratic Presidential nominee who lost handily to Richard Nixon, passed away this morning at the age of 90. The media is celebrating him as a universally respected and genuinely nice politician, as well as a liberal icon. These things are true, but tell only part of the story. McGovern was also the rare politician capable of rethinking his positions as he acquired new information and experiences (not to be confused with the many more politicians who change positions out of convenience).
Was he a liberal? Undoubtedly. But he also came, once out of office, to respect the importance of economic freedom and the practical costs and burdens placed on business by the same liberal policies he supported while in office.
McGovern is well known for his opposition to Vietnam and idealist push for a vast collection of liberal policies. With his passing today, the media is quick to celebrate his devotion to liberalism, and he should be celebrated in so far as he fought vigorously for what he truly believed, but less likely to be mentioned in the media coverage is the degree to which he came to challenge liberal orthodoxy, specifically its brand of economic paternalism.
He was particularly influenced by the difficulty he encountered after leaving office in attempting to run an inn, which he outlined in 1992 in the Wall Street Journal:
In 1988, I invested most of the earnings from this lecture circuit acquiring the leasehold on Connecticut’s Stratford Inn. Hotels, inns and restaurants have always held a special fascination for me. The Stratford Inn promised the realization of a longtime dream to own a combination hotel, restaurant and public conference facility–complete with an experienced manager and staff.
In retrospect, I wish I had known more about the hazards and difficulties of such a business, especially during a recession of the kind that hit New England just as I was acquiring the inn’s 43-year leasehold. I also wish that during the years I was in public office, I had had this firsthand experience about the difficulties business people face every day. That knowledge would have made me a better U.S. senator and a more understanding presidential contender.
…My own business perspective has been limited to that small hotel and restaurant in Stratford, Conn., with an especially difficult lease and a severe recession. But my business associates and I also lived with federal, state and local rules that were all passed with the objective of helping employees, protecting the environment, raising tax dollars for schools, protecting our customers from fire hazards, etc. While I never doubted the worthiness of any of these goals, the concept that most often eludes legislators is: `Can we make consumers pay the higher prices for the increased operating costs that accompany public regulation and government reporting requirements with reams of red tape.’ It is a simple concern that is nonetheless often ignored by legislators.
For example, the papers today are filled with stories about businesses dropping health coverage for employees. We provided a substantial package for our staff at the Stratford Inn. However, were we operating today, those costs would exceed $150,000 a year for health care on top of salaries and other benefits. There would have been no reasonably way for us to absorb or pass on these costs.
Some of the escalation in the cost of health care is attributed to patients suing doctors. While one cannot assess the merit of all these claims, I’ve also witnessed firsthand the explosion in blame-shifting and scapegoating for every negative experience in life.
Today, despite bankruptcy, we are still dealing with litigation from individuals who fell in or near our restaurant. Despite these injuries, not every misstep is the fault of someone else. Not every such incident should be viewed as a lawsuit instead of an unfortunate accident. And while the business owner may prevail in the end, the endless exposure to frivolous claims and high legal fees is frightening.
…In short, `one-size-fits-all’ rules for business ignore the reality of the market place. And setting thresholds for regulatory guidelines at artificial levels–e.g., 50 employees or more, $500,000 in sales–takes no account of other realities, such as profit margins, labor intensive vs. capital intensive businesses, and local market economics.
The problem we face as legislators is: Where do we set the bar so that it is not too high to clear? I don’t have the answer. I do know that we need to start raising these questions more often.
His policy advice is important, and I would urge liberals to take it to heart. But I found particularly interesting the hints at a greater need for personal responsibility – a realization that sometimes bad things happen and that there are not always other people to blame or who need to be made to pay for your misfortune or poor choices.
He expanded on this theme in a 1997 New York Times op-ed defending freedom of choice, and again in 2008, where he wrote in the Wall Street Journal to warn against economic paternalism and to defend a number of practices – such as payday lending – that are frequently targeted by today’s liberals:
Under the guise of protecting us from ourselves, the right and the left are becoming ever more aggressive in regulating behavior. Much paternalist scrutiny has recently centered on personal economics…
Since leaving office I’ve written about public policy from a new perspective: outside looking in. I’ve come to realize that protecting freedom of choice in our everyday lives is essential to maintaining a healthy civil society.
Why do we think we are helping adult consumers by taking away their options? We don’t take away cars because we don’t like some people speeding. We allow state lotteries despite knowing some people are betting their grocery money. Everyone is exposed to economic risks of some kind. But we don’t operate mindlessly in trying to smooth out every theoretical wrinkle in life.
The nature of freedom of choice is that some people will misuse their responsibility and hurt themselves in the process. We should do our best to educate them, but without diminishing choice for everyone else.
A conservative or Republican making this exact statement today would be condemned by modern liberals as a heartless extremist and free market zealot, but McGovern was none of those things. He was simply willing to observe how liberal policies worked in practice, and in some cases this caused him to rethink his policies. He didn’t stop being a liberal or abandon his principles, he just continued to learn throughout his life. His is an example that the rest of us could learn from.
Saturday
October 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, The Nanny State & A Regulated Society
New York continues to lead the way down the path toward tyranny, with petty bureaucrats running up to any business they can find and saying “That’s a fine small business you have there, shame if something were to ‘appen to it:”
The city continues to blitz merchants with ridiculous fines — raking in cash for scuffed cutting boards, too-short napkins and failure to recognize the medicinal properties of ChapStick.
“It’s not about protecting the consumer or the food. This is a money racket for the city,” said Declan Morrison, owner of Blackwater Inn in Forest Hills, Queens.
A Health Department inspector recently spent several hours looking for ticket-worthy violations, before spotting five thermometers in the pub’s refrigerator.
“The inspector said, ‘This is way too many thermometers,’ and docked me points,” said Morrison, who also owns the nearby Tap House.
But on paper, the offense read, “Accurate thermometer not provided,” a fine of $300. The charge was later dropped, but Morrison said he has forked over about $20,000 in fines in the past year.
…Leslie Barnes, owner of London Lennie’s in Queens, said he was fined $300 for having too many marks on his cutting boards. Now he spends $2,000 on backup boards each year.
Consumer Affairs Department inspectors charged a Ditmas Park barber $650 this year for using an antique register that didn’t print receipts and for posting different prices for men’s and women’s haircuts.
Can we end now the fiction that large regulatory states exist to protect the people? They do not. They exist to enrich the coffers and enhance the power of government officials.
This sort of behavior is nothing more than legalized gangsterism – pay your masters or something bad will happen to you. It has no place in a free society.
Wednesday
August 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, Foreign Affairs & Policy, Liberty & Limited Government, The Courts, Criminal Justice & Tort, The Nanny State & A Regulated Society
Being the more leftist party, I criticize Democrats frequently. But Republicans do a lot of stupid things and have plenty to answer for themselves. Here’s a list of issues I’d like to see the party address prominently to the American people (at the ongoing Republican National Convention would be an ideal choice, but anytime during the rest of the campaign would be good).
Explain Why We Should Trust That Republicans Will Get Spending Right This Time. Republicans criticize the President, and rightly so, for spending like a drunken sailor. His massive and wasteful stimulus was bad enough as a one time deal, but he’s since set the new baseline at post-stimulus levels, and has called for ever more spending each year. But it’s important to remember that the big spending didn’t start with Obama.
Republicans can’t simply excuse Bush’s big spending as a response to an unusual financial crisis. Yes, a lot of money was spent in response to the financial meltdown, and perhaps that can be excused even if it was misguided. But what’s the excuse for creating a massive new prescription drug entitlement? Or the 30% increase in federal subsidy programs? Or the massive increase in regulatory spending? Simply put, when Republicans most recently controlled the White House and both chambers of Congress, they spent like drunken sailors, too. They need to explain clearly how they’ve internalized the lessons of those mistakes, and what controls are or will be in place to ensure they aren’t repeated.
Saturday
August 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, The Nanny State & A Regulated Society
It’s your birthday! But don’t hold the party just yet, citizen, step into my office and fill out some paperwork first…
When Martha Boneta hosted a birthday party for a friend’s 10-year-old daughter on her Virginia farm, she didn’t expect to have the county come knocking on her door.
But come knocking it did — threatening her with nearly $5,000 in fines.
Fauquier County officials say Boneta, owner of the 70-acre Liberty Farms in Paris, Va., didn’t have the proper permit to host the party, nor to sell produce on her own land. Zoning Administrator Kimberley Johnson sent her a cease-and-desist letter in April after the party, warning her with the financial consequences if she didn’t stop her activities within 30 days.
I’m beginning to understand how Michelle Obama must have felt all those years. An America that requires permits for birthday parties is not one I’m proud of.
But perhaps even worse in its overall impact than that utterly asinine requirement is the continued and widespread disregard for basic economic liberties, a particular problem when it comes to zoning laws.
Our economic rights are essential. The right to earn a living, to engage in commerce and trade, these are things which we are required to have if we are to be able to pursue happiness. If we can’t even walk up to our neighbors and buy a bit of food grown on their own land, I don’t even know what we’re doing in this country anymore. Whatever it is, it sure as hell isn’t “secur[ing] the Blessings of Liberty to ourselves and our Posterity.”
For more on the story above, enjoy (or become enraged because of) this video from Economic Freedom:
Tuesday
July 2012
COMMENTS
Written by Brian Garst, Posted in Big Government, Health Care, Welfare & Entitlements, The Nanny State & A Regulated Society
I could probably populate this blog entirely with the stupid things Nanny Bloomberg does if I so wanted. His latest outrageous policy is to hide baby formula from new mothers in an effort to force them to breast feed:
New York’s Mayor Michael Bloomberg is locking up the baby formula, because he wants newborns to drink breast milk instead.
He’s using his mayoral power to direct maternity-ward nurses to hide baby-milk formula after Sept. 2 so that new moms feel pressured to provide breast milk to their newborns.
Bloomberg’s mammary-mandate is supported by white-coated public-health officials, who say the scientific data shows that mothers’ milk aids infants’ digestive systems and shields them from some diseases.
His wishes are law because he controls much of the city’s health network in a city-wide version of Obamacare.
Thus illustrates a central problem with granting government control over health care, which is that it gives government the power to throw its weight around when it comes to the most intimate and personal of decisions.
As with most things, there are both pros and cons to breast-feeding, and no one but the individual mother should have any say in the matter. But as usual Nanny Bloomberg thinks he knows breast… er, best.