Category Archives: Regulation of the Day

Regulation of the Day 125: Salt

Having eliminated all crime from New York’s streets, ended homelessness, rebuilt Ground Zero, and fixed the state’s ailing public schools, New York’s state legislature has set its sights on how much salt you eat.

New York City Mayor Michael Bloomberg already has a plan to reduce NYC residents’ salt intake by 25 percent over five years. But State Assemblyman Felix Ortiz (D-Brooklyn) thinks that doesn’t go nearly far enough. It only covers New York City, for starters. The rest of the state’s salt intake would remain perilously unregulated under the Bloomberg plan.

That’s why Mr. Ortiz has introduced statewide legislation that would “make it illegal for restaurants to use salt in the preparation of food. Period.

A $1,000 fine would accompany each violation.

Tom Colicchio, who owns a restaurant and has appeared on the television show Top Chef, is livid. He told the New York Daily News that “New York City is considered the restaurant capital of the world. If they banned salt, nobody would come here anymore… Anybody who wants to taste food with no salt, go to a hospital and taste that.”

He’s right; the salt ban does offend culinary decency. But there’s another angle that’s at least as important: personal responsibility.
If I want to pile on the salt, as Mayor Bloomberg famously does, that’s my right. But I also need to be liable for the consequences. If chronic salt over-consumption gives me high blood pressure and heart trouble, that’s my fault. I should pay the cost.

But that’s not how the current health care system works. We suffer from the 12-cent problem: on average, people only pay 12 cents for every dollar of health care they consume. Roughly 50 cents are picked up by the government, and insurers cover the rest.
That means people have less incentive to watch what they eat than under a more honest system. Why not rack up huge health care bills? Everyone else is paying for me. Health care on sale! 88 percent off!

Freedom cannot exist without responsibility. Decades of government encroachments in health care have taken away a lot of our responsibility for health care decisions. So it makes some sense that Mr. Ortiz would finish the job by taking away peoples’ freedom to eat what they want.

A better solution would be to have both freedom and responsibility, instead of neither. Ban the salt ban. Give people more control over their health care dollars. Let us be free. Let us be responsible. We’re all adults here. Treat us as such, Mr. Ortiz.

Regulation of the Day 124: Kissing Your Girlfriend Good-Bye

How do we know the terrorists are winning? When a man kissing his girlfriend good-bye at Newark Liberty International Airport results in the evacuation of an entire terminal, 200 delayed or canceled flights, and re-screening for thousands of passengers.

There is a word for this: overreaction. If this how the government reacts to a threat that is 20 times scarcer than being struck by lightning, we are doing something wrong.

Yes, the criminal kisser was wrong to sneak under a security rope to get one last peck from his girlfriend. But closing down an entire terminal at a major airport for six hours is overdoing it. Just take a look at the offender.

His name is Haisong Jiang. He is 28 years old and very much in love. He emigrated to the U.S. from China in 2004, and met his girlfriend at Rutgers University. She recently moved to California, though they remain together. Mr. Jiang is still in the New York area, pursuing a biology Ph.D. When he receives his degree later this year, he plans to move to California to be with her. He is clearly not a terrorist.

Mr. Jiang’s forbidden kiss was recorded by surveillance cameras. It was clear that he was sneaking a kiss, not a bomb. Even so, a five-day manhunt ensued. Mr. Jiang was arrested and tried. Fortunately, his sentence is a light one: “a $500 fine and $158 in costs and fees,” plus 100 hours of community service.

I was a bit worried that he would have been shipped to Guantanamo Bay, frankly. Hopefully retired Maj. Gen. Robert Harding, the new head of the TSA, will take steps to make airport security more rational and less driven by fear.

Regulation of the Day 123: Donating Blood

If you’re gay, you can’t donate blood. It’s illegal. The ban was put in place in 1983, during the early days of the HIV/AIDS scare. It may have made some sense in those days, when HIV testing was less than trustworthy. But it sure doesn’t now, with modern screening technology.

Obviously, keeping HIV-positive blood out of circulation is a wise policy goal. But most gay people don’t have HIV/AIDS. Rather than screening donors for sexual preference, they should be screened for blood-borne diseases. Straight people already are. And it works quite well. Current policies are keeping healthy, willing donors out of the system.

The outdated ban could soon be coming to an end. Sen. John Kerry and 15 of his colleagues, usually more prone to passing regulations than repealing them, are urging the FDA to repeal this one. You can read their letter here.

The one disconcerting thing about the letter is that every single one of the signees is Democratic. Not one Republican joined in. That could be because Sen. Kerry and the others deliberately excluded them for political reasons. But the GOP is famously behind the curve on gay rights issues. So maybe Republicans were asked, and said no. I don’t know.

Republicans should send their own letter supporting Sen. Kerry’s position. Enlarging the pool of eligible blood donors is an unabashed good. It’s a classic gay rights issue. It’s also a health issue. Blood would be more readily available for patients who need it. Economists would add that increasing the supply of blood will lower its price – a good thing in this age of rapidly rising health care costs.

Regulation of the Day 122: Home-Schooling in Germany

It is illegal to home-school your children in Germany. Even so, German parents Uwe and Hannelore Romeike believe home-schooling will give their children a better education than sending them to a school. So they pulled their children out of school, hoping the law would not be enforced.

They were wrong. The New York Times lists what they were threatened with:

[F]ines eventually totaling over $11,000, threats that they would lose custody of their children and, one morning, a visit by the police, who took the children to school in a police van. Those were among the fines and potential penalties that Judge Burman said rose to the level of persecution.

Facing the facts, the family decided to pack up their belongings and move to Morristown, Tennessee.

A Memphis judge recently granted the family asylum so they could remain in the U.S., and so they can educate their children the way they see fit.

The Romeikes’ troubles are not over, however. Immigration and Customs Enforcement is appealing their grant of asylum. It is unclear why the agency would do such a thing. Neither Mr. nor Mrs. Romeike pose a threat to national security. They are not criminals. They are not a drain on the economy; Mr. Romeike earns an honest living as a piano teacher.

American parents don’t have much in the way of educational choice. But it does appears they do have more than German parents do. Immigration and Customs Enforcement should stand up for the Romeikes’ rights.

(Hat tip: Megan McLaughlin)

Regulation of the Day 121: Cussing

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?

Regulation of the Day 120: Fish Tanks in Barbershops

In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though. HB2823, sponsored by Rep. Ty Cobb, is up for a vote today in the state Senate. It would make barbershop fish tanks legal once again. The bill already passed the House by voice vote. Why the need for such obscure legislation? According to Tennessean.com,

[Rep. Cobb] proposed the measure after a constituent who owns a barber shop with a built-in fish tank told him she was asked to drain the aquarium after a state inspection and told she could only have fake animals in it.

While fish tank liberalization won’t affect very many people, it is heartening to see legislators repealing laws instead of passing more of them. Legislators looking for other things to repeal can start by looking at other Regulations of the Day. Congratulations to Rep. Cobb for doing the right thing. More, please.

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 118: Unlicensed Dogs

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.

Regulation of the Day 117: Hot Dogs

Hot dogs are delicious. Especially if you don’t think too hard about what they’re made of. Kids love them. So do adults. With baseball’s spring training already underway, consumption of the national pastime’s unofficial food is set to skyrocket in the coming months.

All is not sunshine, happiness, and home runs, though. The American Academy of Pediatrics’ Committee on Injury, Violence and Poison Prevention thinks that hot dogs are dangerous, calling them a “high-risk food.” They are a choking hazard for children.

“We know what shape, sizes and consistencies pose the greatest risk for choking in children and whenever possible food manufacturers should design foods to avoid those characteristics, or redesign existing foods when possible, to change those characteristics to reduce the choking risk,” said Dr. Gary Smith… “Any food that has a cylindrical or round shape poses a risk,” he pointed out.

Dr. Smith also wants mandatory warning label regulations for all hot dog packaging. But nobody seems to be asking: Just how big is the risk here?

According to WebMD, 66 to 77 children under 10 die every year from choking on food in the U.S. That’s out of more than 42,000,000 children under 10, according to my calculations from U.S. Census data.

That means your child’s odds of choking to death on food are about 1 in 545,000. And that’s assuming 77 deaths, the high end of the range. Little Timmy is literally more likely to be struck by lightning (1 in 500,000) than choke to death on a hot dog.

That’s the level of threat we’re dealing with. Treat it that way.

Our children face far greater threats than mere hot dogs. Instead of advocating hot dog safety regulations of dubious benefit, the AAP should rethink its priorities. They should focus on where they can do the most good, instead of where they can do the most nothing.

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.