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.

Brewers 5, Cardinals 1

The Brewers are on a roll. Tonight’s win guarantees a series win against the Cardinals. Even if they lose tomorrow, they can go home happy. For a team that’s played poorly on the road all year, 5 wins on a 6-game road is pretty good. And if they win tomorrow, they return home a perfect 6-0.

The all-important magic number? Down to 41.

Regulation of the Day 194: Facebook Friends

Missouri has a new law that bans teachers from becoming Facebook friends with any current or former student. The goal is to prevent inappropriate teacher-student relationships.

There are several points to make here. The first is that this is what parenting writer Lenore Skenazy calls “worst first” thinking. It’s rooted in black swan bias, a cognitive defect in the human brain that overestimates the frequency of rare but horrifying risks. Black swan bias has led to, among other things, the creation of the TSA.

Here, the concern is pedophilia. Statistically, it is extremely rare. But it is so horrifying that legislators and the parents who vote for them take precautions completely out of proportion to the actual threat. They assume the worst first. Ready, FIRE!, aim.

Another point is that prohibition doesn’t work; if a teacher-student relationship is going to happen, preventing a Facebook friendship won’t stop anything. Such trysts existed long before Facebook did. This law treats a symptom rather than the disease. And the disease is, frankly, not entirely preventable. That doesn’t make it right; that’s just how it is.

The law, though sloppily written, does have a modicum of common sense. If both parties are 18, they are legally allowed to become Facebook friends. As someone who regularly interacts with former grad school professors online, this is a relief.

It’s a bad idea for underage students and their teachers to become Facebook friends. That’s why most teachers don’t allow it. For those that do, a law is unlikely to stop them. Few teacher-student Facebook friendships turn into anything unseemly. And if any do, statutory rape is already illegal.

Bizarre Taxes

The TurboTax blog has a fun infographic of weird taxes. From soda fountains to household pets, there’s a tax for almost any occasion.

How Not to Improve Traffic Conditions

In Arlington, Virginia, “Neighbors wanted $16,000 worth of speed humps, she said. What they got was $200,000 worth of concrete dividers and narrowed lanes that they said increased the risk of drivers being rear-ended while turning into the neighborhood.”

Brewers 5, Cardinals 3

An extra-inning Brewers win in St. Louis puts them 4 games ahead in the NL Central.

Their magic number is now 43.

Regulation of the Day 193: Cleaning Up After Riots

Rioters and looters have run loose in London over the last three nights. During the day, civilized folk have tried to clean up after them. In a heartening display of spontaneous order, many people are organizing group cleanup efforts using Twitter. Following hashtags like #londoncleanup and #riotcleanup lets people know where they’re needed the most. Facebook groups are serving the same purpose.

Health and safety regulators are trying to stop this spontaneous show of goodwill. The Telegraph reports:

[O]fficers told the volunteers that the decision had been made for the clean-up to be done by the council.

Asked why, an officer said: “Health and safety mainly. There’s lots of broken glass around.”

Many storefronts have broken windows, you see. Broken glass can be dangerous. Better to leave the cleanup to professionals. Someone could get hurt.

This is a different broken window fallacy than the kind one usually sees.

Know Your Audience

Jon Huntsman is running for president as a Republican. Speaking to a tea party group on Sunday, he talked up his conservative credentials.

This bold stance garnered national headlines.

Wouldn’t it be more newsworthy if a professional vote-scrounger like Huntsman told an audience something they didn’t want to hear?

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.