Category Archives: Nanny State

Regulation of the Day 119: Bake Sales

New York City’s public schools spent $18,365 per student in the 2007-2008 school year. That spending has been growing at more than double the rate of inflation over the last decade. That’s a lot of money. But since it isn’t spent very wisely, nowhere near that amount actually reaches the classroom.

Instead of firing teachers for incompetence (and sometimes worse), the district re-assigns bad teachers to “rubber rooms,” where they do nothing except receive their full salary. Maybe play Scrabble or surf the Internet. But mainly sit around and get paid.

Average teacher pay in New York City is approaching $70,000. There are about 700 teachers in rubber rooms. Assuming the rubber room teachers draw roughly average salaries, we’re talking about as much as $50 million that never makes it to the classroom from rubber rooms alone. That’s nearly $50 per student right there.

To make up for some of the money that gets lost in rubber rooms and central offices, schools often have fundraising events like bake sales.

Well, not anymore. At least not bake sales. Those are basically banned in New York City. Mayor Bloomberg and the city’s Department of Education worry that bake sales contribute to child obesity.

Bake sales are technically still legal. But only approved foods can be sold. And only at approved times. And never before the end of lunch hour. And you have to keep detailed records. And so on.

Complying with all the rules is just too difficult for a school basketball team raising money for a new scoreboard, or to cover the cost of traveling to a tournament.

Anything goes after 6:00 pm, food-wise. But hardly anybody stays in school that late. PTAs are given a longer leash. But even they cannot hold more than one bake sale per month.

(Hat tip: Fran Smith)

Regulation of the Day 116: Doodling on Desks

Many government schools have zero-tolerance policies. They are supposed to help discipline rowdy students. But they are inflexible. Too inflexible.

Alexa Gonzalez, 12, was arrested and put in handcuffs for writing “I love my friends Abby and Faith. Lex was here 2/1/10 :)” on her desk in green marker.

Seems a bit much. At the very least, she should be made to clean it off. Maybe given a day of detention. But haul her to the police station in handcuffs? Overkill.

The child is not described as a trouble maker. But now she has a criminal record. At age 12. This will not help her when she applies to college in a few years. Or when she applies for a job during high school.

Ms. Gonzalez is not the only victim of one-size-fits-all zero-tolerance policies. The CNN story linked to above also mentions the plight of Chelsea Fraser. As a 13 year-old, she was arrested and handcuffed for writing “okay” on her desk.

CNN notes a third child who met the same fate. She is known in court documents as “M.M.”

In Chicago, 25 students were arrested because of a food fight. Arrested. Try detention next time. Let the punishment at least be in the same order of magnitude as the crime.

Regulation of the Day 115: Pancake Races

Pancake races are a Lenten tradition that date as far back as the 15th century. Contestants navigate a course as quickly as they can while holding a frying pan and flipping a delicious pancake a certain number of times.

The races are most popular in Britain. But other countries hold them, too. For over fifty years, the town of Liberal, Kansas has competed against Olney in England by setting up standardized courses in each town and comparing racing times. The Americans, despite being relatively new to the sport, actually have the all-time edge on the Brits, 33-25.

The secret to winning is to cross the finish line before your opponents do. That usually means running. The problem is that sometimes, running violates British health and safety regulations.

An official warned the racers before the St. Albans pancake race:

“Due to the wet weather conditions and health and safety regulations, in this year’s race, there will be no running allowed. Only walking is permitted. Any team that runs will be disqualified.

“It is a genuine health and safety concern. People fall over in the dry, they will certainly fall over in the wet.”

Three teams defied orders and pursued excellence as fast as they could. They were disqualified.

(Hat tip: Jonathan Moore)

Regulation of the Day 114: Unlicensed Fruit Candy

The Chicago Tribune has a jaw-dropping story of regulators gone wild:

Department of Health inspectors seized, slashed open and poured bleach over thousands of dollars of local peaches, pears, raspberry and plum purees owned by pastry chef Flora Lazar… Inspectors cited no health problems with any of the food.

And that’s just the beginning. Read the whole thing. This is a scandal. Ms. Lazar is out of business for six months and has lost about $6,000. There is no evidence of harm. This is no way to treat a small business. Especially during a recession.

(Hat tip: the ever-resourceful Brian McGraw)

Regulation of the Day 108: Murals in Front of Houses

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.

Regulation of the Day 107: Blowing Your Nose While Driving

Michael Mancini was fined for blowing his nose while driving in London. Authorities claim he violated a law requiring him to be in control of his vehicle at all times. Sometimes legislating common sense doesn’t work as well as planned.

Regulation of the Day 105: Not Driving Your Car

John Delacey of St. John’s, Newfoundland, Canada, received a court summons for keeping a car in his driveway and not driving it.

The car, which he bought for his daughter, needs new brakes. He claims it is otherwise in good condition, and not an eyesore. Delacey had been saving up money for the repair.

Here’s the really shameful part:

“City property inspectors became involved when someone in the neighbourhood complained about the car.”

It would have been considerate of the offended neighbor to talk to Mr. Delacey first. Maybe they could have come to a compromise (economist Ronald Coase‘s preferred solution). Instead, he went right to the authorities.

Take a look at some other St. John’s by-laws here.

(Hat tip to Jonathan Moore)

Regulation of the Day 103: When Products Are on Sale

Two states have regulations for when stores can say their products are on sale. The Boston Globe editorializes:

This is a perfect example of a problem that the market can sort out on its own. If there’s one thing 21st century shoppers don’t lack, it’s information. The task of determining whether a “sale’’ is really a sale is best left to comparison-shopping consumers, not the authorities. And given the popularity of websites dedicated to nothing but price-watching and -comparing, doing so is easier than it has ever been. If a store offers an obviously phony promotion, it will be duly punished by its customers. The state needn’t pile on.

(Hat tip to Jonathan Moore)

Regulation of the Day 101: Brushing Teeth After Meals

This one comes from Massachusetts:

[A]ny child who has a meal in day care or is in care for more than four hours will be required to brush their teeth, according to the Department of Early Education and Care.

Regulators, perhaps recognizing the rule’s almost literal paternalism, are allowing parents to opt out if they wish.

I’m researching right now to see if day care providers are required by law to make sure the children in their charge eat their vegetables.

(Hat tip: Fran Smith)

Regulation of the Day 99: Salty New Yorkers

New York City is seeking to regulate how much salt is in peoples’ food.

Enforcement will prove difficult; most food that New Yorkers eat comes from outside the city’s jurisdiction. But the goal is to cut average salt intake by 25 percent.

Mayor Bloomberg can probably put a sizable dent in the city’s per capita salt intake all by himself. According to The New York Times, “He dumps salt on almost everything, even saltine crackers. He devours burnt bacon and peanut butter sandwiches. He has a weakness for hot dogs, cheeseburgers, and fried chicken, washing them down with a glass of merlot.”

The mayor also “likes his popcorn so salty that it burns others’ lips.”

There is a lesson to be learned here. People like salt. That’s why they eat so much of it. Suppose some of that salt is cut out of pre-packaged or processed foods. Anyone who wants to can just dump some on from a salt shaker to make up for it. This regulation is completely unenforceable.

There is also something to be said for practicing what one preaches.