Los Angeles

Regulation Roundup

by Ryan Young on September 2, 2011

in Regulation

Here are some regulatory bloopers I’ve uncovered recently:

  • Burping in church is illegal in Nevada unless it’s accidental.
  • In Arkansas, it is illegal to spend more than five minutes voting.
  • Los Angeles city regulations place a limit of one rooster per household.
  • If you buy a burger on a Sunday in Oklahoma, you are legally required to eat it in the restaurant. No takeout or drive-through allowed.
  • In Texas, “No person may possess, manufacture, transport, or sell an illicit beverage.” Licit beverages are allowed.
  • Reptile sellers in Illinois are required by law to advise customers to not “muzzle or kiss your pet reptile.”
  • The Texas House of Representatives once unanimously passed a resolution honoring the Boston Strangler. The resolution’s sponsor wanted to point out to his colleagues that they should read bills before voting on them.
  • In 2008, the city of Brighton, Michigan, made it illegal to be annoying.
Post image for Regulation Roundup

The latest happenings in the world of regulation:

New fast-food restaurants are now banned in South Los Angeles.  Say goodbye to many entry-level jobs in that poor urban area. The cockamamie idea behind this ban is that since minorities are disproportionately obese, and since they disproportionately patronize fast-food restaurants, such restaurants are thus guilty of  “food apartheid.”  (Never mind that many fast-food entrees are not particularly fatty, that baked goods are a bigger source of calories for kids than fast-food items like pizza, and that it is possible to lose weight while regularly eating at McDonald’s, as various people have, including me, Soso Whaley, and a Richmond man who lost 86 pounds.)

On the other hand, a federal judge recently refused to certify a class-action lawsuit against McDonald’s over claims it made people obese.

While liberal busybodies are attacking McDonald’s and other fast-food chains, they are simultaneously using federal tax dollars to subsidize the opening of an International House of Pancakes in Washington, D.C., and the Agriculture Department is subsidizing the development of even higher-calorie entrees at a major restaurant chain.

As a self-made business mogul, a mother and wife, and a cancer survivor, there are many aspects of Jenna Jameson to admire and emulate. That said, I’m not looking to Jameson’s movies for advice on safe sex; just as I wouldn’t turn to Martin Scorcese for lessons on how to be a successful cab driver in New York City. Movies are works of art, fiction, and fantasy. The argument that condoms should be made mandatory in pornographic films due to viewers potentially imitating what they see on screen is logically indefensible and somewhat shocking, considering that it is written on a site that regularly publishes articles defending freedom of speech, free expression, and keeping government out of the bedroom.

Kellee Terrell’s article, posted on Huffington Post yesterday, gives us a glimpse into the type of thinking that leads many intellectuals to advocate at one time for social liberty while at the same time demanding that government intervene in the personal choices of others. It stems from a condescending disbelief in the ability and the right of the average individual to make choices about their own life.

Why the Porn Industry’s HIV Problem Is Our Problem, Too:

While it is obvious that not using condoms on porn sets is a safety hazard, I have often wondered: How much of a safety hazard is it for viewers to consume condomless porn? How much does watching bareback sex influence or reinforce our desire to mimic that same behavior in our own lives?

…I am not so naïve as to believe that if the porn industry were to make condom use mandatory, that act alone would completely revolutionize how Americans view safer sex or condoms. But it cannot be denied just how powerful media is …

Perhaps now is the time for the porn industry to make some changes in terms of safer sex practices — not just for the sake of their own employees, but for the sake of all of us.

It is not the porn industry’s responsibility to teach anything to anyone. They make films and money. We can call them artists, or business people, and though some may release instructional videos, it isn’t fair to label them as custodians of anyone’s sexual decisions.  It may be interesting to examine possible correlations between behavior and viewing habits, but even a evident connection would not make actors, directors, or producers culpable for that behavior.

Based on Terrell’s logic couldn’t the argument be made that we ought to ban films and TV shows that feature rebellious youth (i.e. My So Called Life), dangerous driving (Rebel Without a Cause) or victimization of women (everything on the Lifetime TV Network) lest someone takes them as guidance for their life choices?

Obviously, this isn’t the case. It may seem incomprehensible that the same people arguing for a condom mandate are the same people who would normally scream at the top of their lungs if the government tried to regulate bedroom activities. However, because pornography is an issue of capitalism, of “big business,” they look upon the actors as victims in need of protection-whether they want it or not.

It is not the government’s right to regulate how adults engage in sexual activity; we each can and should take responsibility for our own sexual safety. And, as Jenna Jameson has proven throughout her career, adult film actors also should be left free from government interference to make the decisions that affect their lives and career.

Note: Jenna Jameson appears to favor either a condom mandate or at least some stronger regulations on set.  That doesn’t affect her status as a sharp business lady, but, like I said, I’m not looking to her for safe sex advice–nor am I looking to her for regulatory analysis.

There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity.  This is especially true in the aftermath of the passage of Obamacare, which will shift more health care costs to taxpayers, creating the appearance of a public-health rationale for restricting what people eat.  One city even imposed a moratorium on new fast food restaurants.

But there is little evidence that fast food causes obesity. Eating a hamburger won’t make you fat — as I noted earlier, hamburgers are healthier and less fatty than other foods not hated by food snobs, like Quiche Lorraine. (I had four quarter-pound cheeseburgers last night, with fries — the usual number when I have hamburgers for dinner – and I am not fat;  although admittedly, the burgers were home-made, and thus made of leaner ground beef than that used in many restaurant burgers.)

Even if people who eat at fast-food restaurants are fatter than the public at large, there is little reason to believe that the fast food made them fat. It is more likely a manifestation of the socioeconomic class of people who comprise most of their customers. Less affluent people tend to be fatter in America than more affluent people, even in areas with fewer fast-food restaurants – and people who eat out frequently may well be fatter than those who don’t, regardless of whether they eat at a fast-food restaurant or a more upscale restaurant.

And many people who eat at fast-food restaurants are not fat at all. For example, when I ate mostly at McDonald’s (because I worked there at the time), I lost 10 pounds over the course of a summer. Since such people are not overweight, taxing the fast food they eat will do nothing to reduce obesity. It simply imposes a regressive tax on people of modest means.

The FDA is now seeking to cut the amount of salt on our food, even though prevailing salt levels do no harm to most people, and cutting salt consumption will actually harm some people. Ironically, if salt levels are curbed, people will compensate by eating fattier food. There seems to be a trade-off between salt and fat. Low-fat foods sometimes contain added salt to make them palatable to dieters. When I lived in Irvine, California, where the shelves of the grocery store seemed full of low-fat foods, I checked the sodium levels. I found that the sodium levels of low-fat foods were slightly higher than the regular or full-fat versions. If the high sodium levels of such low-fat foods are forced down by FDA regulations, people may react by returning to consumption of the fattier foods, resulting in rising obesity levels. The government’s anti-salt crusade may thus result in its anti-fat crusade backfiring.

It’s officially “Cuss Free Week” in California. Last Thursday, the state legislature passed a resolution to make the first week of March swearing-free.

Los Angeles County passed a similar measure last year, inspired by 14-year old who has started no-cussing clubs at schools across the country.

The resolution is non-binding, and will not be enforced. There are no First Amendment issues. It’s just a feel-good measure.

What doesn’t feel so good is the fact busy-body legislators feel it is their place to tell you to watch your language.

Then again, all the time they spent crafting cussing legislation was time not spent digging California even deeper into fiscal hell. Might I suggest that the California legislature also pass a non-binding “Eat Your Vegetables Week” resolution?

In Los Angeles, it is illegal to own a dog without a license. The city government employees eight people whose full-time job is to make sure that people are complying. But they aren’t doing a very good job of it; roughly two thirds of Los Angeles’ dog population is unlicensed.

This epidemic of unlicensed dogs is easily the most pressing issue facing America’s second-largest city. Packs of wild, unlicensed dogs roam the streets at night. People are scared to go out after dark. An entire city huddles in fear.

Or not. Maybe unlicensed dogs don’t really matter. Most places do just fine without dog licensing regulations. So why is the city government clamping down on enforcement all of a sudden?

The answer is simple: money. LA is looking at a $400 million budget deficit this year. At $15 per license, the city estimates it will make $3.6 million from full compliance. Hopefully it will spend somewhat less than that getting there.

Los Angeles is hardly the only city having revenue troubles. One wonders what other obscure regulations are being used for money grabs across the country.

A Los Angeles couple recently paid an artist to paint a mural on the wall in front of their house. As you can see from the picture, it is filled with cute, cuddly forest creatures.

Now the city is threatening the couple with half a year in jail and $1,000 in fines for violating outdoor advertising regulations.

It is worth noting that the mural is clearly not an advertisement. Tacky, maybe. But definitely not an advertisement.

John Stossel has more.

Officials at the U.S. Environmental Protection Agency (EPA) are working hard to hype drinking water risks as they ask Congress to expand their authority under the Safe Drinking Water Act (SDWA). They have the assistance of sensationalist journalism at The New York Times, whose main source of information appears to be left-leaning activists at the Environmental Working Group (EWG).

In a story on this topic today, The New York Times claims that data collected by EWG from EPA databases between 2004 to present shows that there is a growing body of evidence that individuals are increasingly exposed to dangerous chemicals in our water supply. Their arguments are wrong for myriad reasons.

First, the idea of a national drinking water crisis is off the mark. Most of the U.S. water supply is quite safe—among the safest in the world. And consumers have a variety of options that include bottle water—whose record is even better than tap—when problems in their public water systems do emerge.

More importantly, exposure to chemicals does not translate into significant risks. Humans are exposed to hundreds of thousands of trace chemicals every day—man-made and natural—without ill effect. Risks result not from low exposures but from relatively high ones to certain chemicals over decades.

Consider bromate. It is the subject of a controversial program in Los Angeles that involved pouring $2 million worth of black rubber balls into the city drinking water reservoir. The effort is supposed to “save residents” from the formation of “cancer-causing” bromate. One way this chemical forms involves sunlight—which the rubber balls block.

Bromate currently appears in L.A.’s drinking water at trace levels below extremely stringent EPA standards. The best research shows that it would take long-term exposures that are hundreds of times higher than EPA standards for anyone to experience an elevated cancer risk.

Yet the risk of bromate is most likely much lower than EPA estimates. The chemical—like so many other EPA regulated chemicals—is classified as a possible carcinogen because it produces tumors in rodents exposed to massive doses. But so does broccoli, cauliflower, carrots, oxygen and thousands of other things! It’s the dose that makes the poison; there’s no reason to fear these trace exposures.

In fact, the best cancer research available—as cited by the World Health Organization in its health reports—indicates that the overwhelming majority of cancers are caused by personal lifestyle choices like poor diets and smoking. At most, all environmental pollution causes 2 percent of cancers in Western nations and only a small fraction of that—probably approaching zero—could be associated with drinking water. And not surprisingly, people are living longer than ever before and waterborne-related deaths are extremely low in Western nations.

Drinking water systems do face some challenges. But ratcheting up regulations on trace chemicals—currently regulated or not—is highly unlikely to improve things. The feds are likely to set one-size-doesn’t-fit-all targets that are needlessly stringent and expensive and that divert resources away from the most significant problems. This is already a big problem.

In particular, some small towns can’t even afford to provide piped water because federal regulations make it too expensive. And some of the small towns that do have public water systems must divert millions of dollars to pay for excessive, nonsensical regulations, forcing them to ignore other needs like purchasing new fire trucks.

Big cities face issues as well, particularly associated with infrastructure. They can’t afford expensive water line upgrades because they have to devote millions trying to meet overly stringent EPA standards on trace chemicals. And outdated infrastructure can produce water quality problems associated with biological pathogens like Cryptosporidium and E-coli.

In fact, The New York Times story notes that EPA studies report many public health issues related to drinking water. Yet this research doesn’t address chemicals very much—it addresses problems associated with biological pathogens entering cracked and dirty, old city pipes. Fortunately, most illnesses involve temporary gastrointestinal upsets, which resolve on it their own.

There may also be areas where chemical contaminants exceed trace levels that need to be addressed—maybe even for chemicals not covered under the SDWA. In that case, communities need the flexibility and resources to address those, not more government red tape.

Solutions lie not in expanding EPA regulations; they lie in establishing more reasonable standards and giving cities and towns more flexibility in how they apply them. If cities are ever going to be able to address infrastructure or other contamination problems, they need the freedom to allocate resources where they will do the most good.

And if one city thinks that means pouring rubber balls into their reservoir, they should be free to try it no matter how absurd—as long as they can answer to their constituents. But don’t ask EPA to step in because every affordable option may soon disappear along with the rubber balls.

Image credit: Irfan Khan, Los Angeles Times