Category Archives: regulation

FCC Repeals 83 Regulations

In July, President Obama issued an executive order requiring independent agencies to comb through their books and axe obsolete or harmful rules. A similar order for cabinet-level agencies in January saved an estimated $1.5 billion in regulatory costs, or a little less than 0.1 percent of total annual federal regulatory costs.

The order gives agencies 100 days to act. The FCC struck a little early by announcing yesterday it was getting rid of 83 rules. The White House is expected to release the final package for all independent agencies today. Total estimated savings are $10 billion over five years. Combined with the earlier executive order, federal regulatory costs could go from $1.752 trillion per year to about $1.749 trillion per year.

One of the rules the FCC is chucking is the Fairness Doctrine, which empowers the FCC to regulate the ideology of political programming. It hasn’t been enforced since 1987 because it violates the First Amendment (“Congress shall make no law… abridging the freedom of speech”). But until now, nobody thought to actually remove it from the Code of Federal Regulations. It’s been sitting there the whole time!

Other hygienic measures the FCC is taking include “the deletion of obsolete  “broadcast flag,” cable programming service tier  rate, and broadcast applications and proceedings rules,” according to an FCC press release.

The repeals will become official upon publication in the Federal Register.

Lemonade Freedom Day Is Tomorrow

Tomorrow, parents and children across the country will set up lemonade stands in their neighborhoods. More info here. And they’re going to do it without getting licensed, inspected, poked, and prodded by regulators. But not everyone is happy about it. Esther Cepeda writes:

By all means, let’s celebrate Lemonade Freedom Day — make it a teaching moment. Those who actually care about preparing the next generation to become profitable businesspeople should take their favorite youngster down to city hall to jump through the necessary hoops and learn what it really takes to become a successful entrepreneur.

Sounds more likely to discourage than encourage young entrepreneurs.

Still not a bad idea, though. A trip to city hall would be an excellent way to teach the young ones about opportunity costs. Show them the forms they have to fill out. The licenses they have to apply for. How long permits take to process. Take them to the store and show them how long it takes to buy and install a handwashing station; many towns require lemonade stands to have at least one.

Then tell them they could have spent all that time actually selling lemonade.

Regulation Roundup

Some of the stranger regulations I’ve dug up recently:

  • In Delaware, it is a felony to wear a disguise while committing a felony.
  • In New Orleans, it is illegal to inflate meat.
  • In England, it is illegal to turn off someone else’s lamp if you’re both on or near a city street.
  • In Connecticut, it is illegal to use a white cane unless you can’t see it.
  • Minnesota regulations prohibit washing teflon-coated cookware with abrasive sponges.
  • In Indiana, it is a class B misdemeanor to dye birds and rabbits.
  • Vertical integration has been a regulatory no-no for a long time. In 16th century England, it was illegal to be both a tanner and a currier.
  • If you’ve ever been in a duel, you may not work as a first responder in Kentucky.

CEI Podcast for August 18, 2011: How the EPA Makes Electricity Less Affordable

 

Have a listen here.

Energy Policy Analyst William Yeatman tells the story of how the EPA is forcing a power plant in New Mexico to install $370 million worth of equipment to improve visibility in a nearby park. Peer-reviewed research says the visibility improvement has a 35 percent chance of being perceptible to the human eye. New Mexican electricity consumers, meanwhile, will be able to perceive their bills going up by an average of $82 per year.

The War on Lemonade

Besides today’s CEI Podcast, Iain Murray and I have a column over at Townhall.com about Lemonade Freedom Day:

Bureaucrats have the power to pick winners and losers—a power many are happy to exploit. Lydia Coenen of Appleton, Wisconsin, recently learned about this dark side of competition. Appleton hosts an Old Car Show every year near her house. She and a neighbor have been selling lemonade and cookies to passersby for the last six years. This year, they were shut down by police. Vendors inside the car show didn’t appreciate the competition, so they convinced the city council to ban concession sales within a certain radius of the Old Car Show, putting young Lydia and her friend out of business.

Read the whole thing here; the Lemonade Freedom Day website is here.

CEI Podcast for August 11, 2011: Lemonade Freedom Day

 

Have a listen here.

Vice President for Strategy Iain Murray talks about the rash of children’s lemonade stands being shut down by police, and his plans to celebrate Lemonade Freedom Day on August 20. Started by Robert Fernandes, families across the country will set up lemonade stands in their neighborhoods without going through the permits and inspections that many towns now require.

The Big Repeal

Congress and the White House have typically been reluctant to repeal any laws or regulations, regardless of which party is in power. The solution? Change the institutional rules of the game to give them an incentive to repeal laws. CEI Research Associate Jacque Otto and I expound on that idea in The American Spectator.

One reform would be a Repeal Amendment to the Constitution. That would give states a veto power over federal laws if two thirds of them vote for repeal. Georgetown law professor Randy Barnett has already drafted some language:

Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.

We have other ideas:

Short of that, the House and Senate could establish repeal committees. These committees would be unable to pass laws and regulations, only to repeal them. Its members would be ineligible to sit on other committees. The only accomplishments they would be able to tout to voters would be how much they lighten Washington’s heavy hand.

Another option is to add an automatic sunset provision to all new regulations — meaning that they would expire after, say, five years unless specifically reauthorized by Congress. This kind of regulatory expiration date would ensure that only the truly necessary ones stay in the books.

Read the whole thing here.

Lemonade Freedom Day in the Wall Street Journal

The Wall Street Journal‘s “Notable and Quotable” section quotes this blogger on Lemonade Freedom Day. The link is here, or you can go to page A13 of the print edition.

August 20 Is Lemonade Freedom Day

Kids have been setting up lemonade stands for as long as there has been lemonade. But in recent years, regulators have started shutting them down. Robert Fernandes, a father of two, has had enough. That’s why he has declared August 20, 2011 to be Lemonade Freedom Day.

Fernandes is encouraging kids and parents to set up lemonade stands that day without going through the permits, inspections, and fees that many towns require. For more information, visit LemonadeFreedom.org. There is also a Lemonade Freedom Day Facebook event page here.

Fernandes also links to a list of news stories about lemonade stand shutdowns. The list is disturbingly long.

That’s why on August 20, I’m going to take a stroll through my neighborhood to see if any young entrepreneurs are selling unlicensed lemonade. I encourage everyone to do the same.

This is a minor battle, as these things go. But the same obstacles to lemonade freedom apply throughout the economy. Federal regulations alone cost nearly an eighth of GDP to comply with. That sizable burden is a major reason why the economy is still struggling. Lemonade Freedom Day is one way to tell overzealous regulators to back off.

Police Shut Down Another Rogue Lemonade Stand

Abigail Krutsinger is 4 years old. She lives in Coralville, Iowa. A local tradition there is the RAGBRAI bike ride, where cyclists ride clear across Iowa. Abigail, seeing how exhausted the cyclists were when they reached Coralville, opened up a lemonade stand. It was a way to help out thirsty bikers, make a little bit of money, and learn a little something about running a business. Classic Americana.

In another display of classic Americana, police  quickly shut her down. Abigail, who is 4, never applied for a permit and a health inspection.

This is not an isolated incident. Similar crackdowns have happened in Wisconsin, Georgia, Oregon, and Maryland, and New York. Will there be more?