January 2012

Free Speech versus Compelled Praise for Diversity

by Hans Bader on July 19, 2011 · 1 comment

in Legal, Nanny State, Personal Liberty, Regulation

Can the government force those it licenses to parrot its praise for “diversity”? The Colorado Department of Human Services Child Care Division thinks so, issuing proposed rules requiring day care centers — including those for infants and toddlers — to feature displays promoting diversity, and to provide dolls representing at least three different races.

As I noted in today’s Washington Times, this diversity-display requirement runs afoul of the First Amendment:

It is ridiculous that a bossy Colorado state agency proposed forcing day care centers to post two or more visual displays “presenting diversity in a positive way” and to provide dolls from three different races (“Colo. proposal would impose parameters on day care centers,” Web, Wednesday).

The diversity display requirement is a flagrant violation of the First Amendment. The Supreme Court’s 1995 decision in the Hurley case ruled out forcing people to celebrate diversity. It ruled that a parade could not be ordered to include a homosexual-pride contingent, since compelled speech violates free speech.

Governments cannot condition licenses for day-care centers or other businesses on their giving up their free speech rights. That is forbidden by federal court rulings such as Carepartners LLP v. Lashway (2008). People cannot be punished even for criticizing “diversity.” Even heated criticism of affirmative action is protected by court rulings such as Department of Corrections v. State Personnel Board (1997).

HANS BADER

Senior attorney

Competitive Enterprise Institute

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Morning Media Summary

by Lee Doren on July 19, 2011

in Odds & Ends

Tech:

7 days in the cloud: My week with the Samsung Chromebook:
“When I first agreed to write about a week working with nothing but a Samsung Series 5 Chromebook, I knew I was asking for trouble. Although I already knew and liked its Chrome Web-browser-based Linux operating system, ChromeOS, I also know how I work.”

Global Warming / Environment / Energy:

Bill Clinton: Paint Your Roofs White:
“Look at the tar roofs covering millions of American buildings. They absorb huge amounts of heat when it’s hot. And they require more air conditioning to cool the rooms. Mayor Bloomberg started a program to hire and train young people to paint New York’s roofs white. A big percentage of the kids have been able to parlay this simple work into higher-skilled training programs or energy-related retrofit jobs. (And, believe it or not, painting the roof white can lower the electricity use by 20 percent on a hot day!)”

Insurance / Gambling:

Germany’s Draft Gambling Rules Need to Be Changed, EU Says:
“Germany’s draft gambling rules can’t be adopted as planned because they violate European Union law, EU regulators said.”

Health / Safety:

Fixing health law glitch to save $13b:
“Fixing a glitch in President Obama’s health care law would save taxpayers $13 billion without adding to the number of uninsured people, congressional budget referees say.”

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Regulation of the Day 185: How to Wear Pants

by Ryan Young on July 19, 2011

in Features, Nanny State, Regulation, Regulation of the Day

Post image for Regulation of the Day 185: How to Wear Pants

Collinsville, Illinois, officials know that when you look good, you feel good. That’s why they are now regulating the height at which people shall wear their pants. Some young people these days prefer to wear their pants somewhat low. This fashion trend is no doubt a direct reaction against World War II-era fashion, when men wore their pants much higher.

According to the new dress code regulations, Collinsville residents must not wear their pants more than three to four inches below the waist. First-time offenders get a $100 fine. A second offense nets a $300 fine and 40 hours of community service. There is no corresponding regulation for wearing pants super-high.

Collinsville regulators do not unanimously favor the new rules. Bob Knable, the city manager, has apparently heard of opportunity costs. Police forces only have so much time and resources. He points out that time officers spend eyeing peoples’ pants is time not spent on more serious matters.

Alcohol Regulation Roundup: July 19, 2011

by Michelle Minton on July 19, 2011

in Legal, Nanny State, Personal Liberty

California: In an attempt to lower the rates of minors drinking alcohol, a bill is being pushed that would prevent grocery store patrons from purchasing alcohol in the automated checkout lines. AB 183 is being called “a solution in search of a problem” according to those looking at the numbers of minors actually purchasing alcohol. The majority of times a minor gets his or her hands on alcohol, they got it by convincing an adult to purchase the booze for them.

Georgia: Georgia is now up to nine cities that will be voting whether or not to end the ban on Sunday sales in the next election

Iowa: Some rural residents of the Hawkeye State finally have their first local liquor stores in gas stations. New laws that went into effect this month allow convenience stores and gas stations to sell spirits as well.

Minnesota: Now in its third week of shutdown, the Minnesota government budget impasse is beginning to affect businesses in the state, including breweries and pubs. For stores, restaurants, and bars, the shutdown has prevented many from purchasing supplies of alcohol, of which they are quickly running out. State law requires liquor purchasing cards, which cost a measly $20 to renew, in order for businesses to buy alcohol. The shutdown prevents these businesses from being able to renew those cards and for the 300 or so liquor-serving establishments that couldn’t get their now-expired purchasing cards renewed, the delay could spell doom.

In addition, the state shutdown is preventing the opening of Steel Toe Brewing, which was set to brew its first batch of beer on July 1, but couldn’t get anyone from the Department of Labor and Industry to approve the boiler for use.

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Another Shot at Pennsylvania Liquor Privatization

by Michelle Minton on July 18, 2011 · 2 comments

in Deregulate to Stimulate, Economy, Nanny State, Personal Liberty

Ah, Pennsylvania: home sweet home. The state known for its soft pretzels, Hershey’s chocolate and Sylvester Stallone statues. Unfortunately, it has also become known for its archaic alcohol regulations. However, with a new governor who supports privatization and a state senator who is hell-bent on dragging the Key Stone State out of the 20th century, kicking and screaming if necessary, all of that could quickly change.

Last week, Republican State Senator Mike Turzai unveiled legislation that would privatize the ownership and management of the state’s liquor stores. Pennsylvania is one of only two states in the union where government controls the wholesale and retail operations of alcohol.

The proposal would privatize wholesale operations and sell off all of the state-owned and -operated liquor stores. It would also eliminate the 18 percent Johnstown Flood tax, the ridiculously outdated mandate I wrote about earlier. It would also end the state’s 30 percent mark-up on products and institute a per-gallon excise tax between $8.25 and $12 a gallon, depending on product type. That’s quite a bit lower than the current $55 per-gallon tax the state currently draws from liquor.

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Police Shut Down Renegade Lemonade Stand

by Ryan Young on July 18, 2011 · 2 comments

in Regulation

Appleton, Wisconsin, police taught some children a lesson about regulation’s true purpose by shutting down their lemonade and cookie stands. The children live about a block from an annual Old Car Show, and have been selling lemonade and cookies near the event for six years.

Vendors inside the car show didn’t appreciate the competition. So they talked the city government into passing a new ordinance that put the girls out of business.

After a round of bad publicity, city officials are thinking of re-writing the ordinance.

Regulation of the Day 184: Picking up Dog Poop

by Ryan Young on July 18, 2011 · 1 comment

in Nanny State, Regulation, Regulation of the Day

Post image for Regulation of the Day 184: Picking up Dog Poop

A Vienna, Austria, man was recently jailed for not picking up after his Great Danes. Having solved Vienna’s other problems, the city council recently passed new dog poop regulations. These include government-employed “Waste Watchers.” According to the Austrian Times, these “work from six a.m. to 11 o’clock at night handing out fines of up to 2,000 Euros for breaches in the law on dumping of waste and fouling of walkways.”

The 52-year old man was fined €1,380. When he told a court he could not afford the fine, he was jailed for two days.

As part of its new dog poop initiative, the government installed plastic bag dispensers throughout the city. Dog owners are required to use the bags to clean up after their dogs and place the final product in government-provided waste bins.

The offending man pleaded that his two Great Danes are simply too much for the plastic bags to handle. Great Danes can weigh as much as 200 pounds, and are prolific eaters.

The man should think about providing his own bags if the city’s aren’t up to the job. It is less than courteous for him to just leave the mess on the sidewalk. But a fine of up to €2,000 and possible jail time? That’s overkill.

British Social Workers Tear Apart Happy Families, Seize Children from Loving Parents

by Hans Bader on July 18, 2011

in International, Legal, Nanny State, Personal Liberty

In Britain, social workers and child-protective services are tearing apart happy families, and seizing children from loving parents “for no good reason,” notes Christopher Booker in Sunday’s London Daily Telegraph. For example, one case

concerns a responsible mother who holds down an expert job in a law firm. A year ago, she was in the kitchen preparing packed lunches for her two children when her 11-year old daughter kept on interrupting. The mother tapped her daughter on the arm with a roll of clingfilm and told her to go upstairs. The following day the girl casually mentioned to a teacher that her mother had “hit” her. This was reported to social workers who took her into care, on the grounds that her mother had hit her with an “implement”. They did so under a voluntary “Section 20” agreement, which the mother was prevailed upon to sign – like many other parents before her – in the belief that such a silly misunderstanding would quickly be sorted out and her child would soon return home. However, the council then paid £14,000 to have the mother “psychiatrically assessed” by an “expert”, who produced a 235-page report which, on astonishingly flimsy and muddled grounds, found she had an undetermined “personality disorder”. On this basis, three days before Christmas, at 11pm, the girl’s nine-year-old brother was also taken into care, provoking such a severe panic attack that an ambulance had to called for him.

In another case,

A young mother of three children, married to the father of her youngest, a baby less than a year old, took part in a charity walk with her oldest daughter, aged six. She tripped over, pulling her daughter to the ground, and although the child sustained no more than a graze, reported the incident to the first-aid tent. The child continued going happily to school for several days, but when the mother tried to explain the small mark on her arm to a health visitor (who did not ask the child to comment), social workers arrived, escorted by three policemen, to take all three children into care.  The council commissioned a psychiatric assessment, which found that she was a competent mother. A second report found the same. The social workers then paid for a third report, which described the mother as suffering from a “borderline personality disorder”. Solely on these grounds, a court has now ruled that the three children must be put out for adoption. In each case, the evidence seems to indicate that the distressed children want only to be reunited with their loving parents.

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Morning Media Summary

by Lee Doren on July 18, 2011

in Odds & Ends

Tech:

Wi-Fi hijackers cause download of trouble:
“THOUSANDS of Sydney households are placing their personal information at risk and inadvertently protecting fraudsters and users of child pornography by not securing their home Wi-Fi networks, a Fairfax investigation has shown.”

Facebook bans Google+ ad:
“Ingenuity is surely something to be admired. Commercial ingenuity is something to be revered.”

Global Warming / Environment / Energy:

Scientists ask for escort in Indian Ocean due to pirates:
“Scientists are seeking the help of the Australian and US navies to repel Somali pirates who are threatening one of the world’s key climate monitoring programmes.”

Insurance / Gambling:

Offshore gambling operators to be regulated in UK, says Government:
“The move is intended to bring the regulatory requirements for overseas companies into line with those in the UK.”

Health / Safety:

1,417: Another day, another round of Obamacare waivers:
“Congratulations to the 39 new recipients of coveted Obamacare waivers!”

Economics:

Gold Tops $1,600 as Debt Fears Simmer:
“Gold prices rallied to record highs above $1,600 an ounce on Monday, as investors spooked by the euro zone debt crisis and the threat of a U.S. default bought into the metal as a haven from risk.”

Legal:

Barack Obama accused of crimes against humanity for Osama bin Laden killing:
“Daniel Fiol lodged a written complaint at the International Criminal Court accusing the US president of breaching the Geneva Convention.”

Labor:

The SEIU NLRB Serial Job Killer:
“In just another example of the Obama administration making law by fiat, the National Labor Relations Board head Craig Becker is proposing new rules that would shotgun the formation of new union shops in as quick as ten days.”

Transportation/ Land Use:

Anxious Jersey City homeowners told their properties are being taken off eminent domain list:
“At a meeting at City Hall this afternoon, some 53 property owners in the McGinley Square area of Jersey City were told that their properties are coming off an eminent domain list.”

High-speed rail is a boondoggle:
“It’s difficult sometimes to find logic in the realm of government actions. It’s almost always there, but the action is not designed to do what you think it should. Therefore, you question the logic of the action.”

Permit More Permits, Please

by Matthew Melchiorre on July 17, 2011

in Deregulate to Stimulate, Energy, Environment, Regulation

Want jobs? The National Ocean Industries Association and the American Petroleum Institute have the answer: restore the number of exploration and offshore drilling permits to their levels from before the Gulf Oil Spill.

In a study both organizations released last month, they report that 400,000 jobs stand to be gained by 2013 if the government began issuing permits at the rate at which it used to before the Deepwater Horizon incident. Given that it was the first US offshore rig spill since 1969 (once every 40 years is a pretty good record) and that predictions of environmental damage were largely overestimated, it’s time to end this madness.

After failing to abate sky-high unemployment with the $823 billion Keynesian disaster (a.k.a. The Stimulus) and with two rounds of quantitative easing, the government has a chance to finally do something that will put Americans back to work and will contribute to sustainable growth. The Obama administration should set aside its unfounded fears of sudden disaster and take advantage of such an easy opportunity to do good.

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