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The Full Flush of Equality

Friday, July 30th, 2010

Years and years ago, it was often said against the proposed Equal Rights Amendment that it would prohibit separate toilets. Under the ERA, men and women would have to use the same public restrooms.

Properly interpreted, nothing of the kind should have happened. The text of the ERA stated that “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” One does not have a right to a toilet, really, so it shouldn’t have affected restroom construction.

But leaping to absurdity is, alas, a propensity of government. In Minnesota, today, the state’s Department of Human Rights has declared that the offering of a “ladies’ night” by taverns and bars, etc, is illegal, discriminating (as it does) on the basis of sex.

Economist Robert Murphy has carefully explained why price discrimination is not bad — why it is common and why it benefits us. By setting up “ladies’ nights,” certain businesses attract female customers and (shock of all shocks) male customers, too . . . men actually eager to pay extra, if only to be around women.

I don’t see much point in explaining the philosophical basis for not getting carried away over the “sexual/gender discrimination” involved in this. But it may be good that the ERA fizzled in 1982. It would have been twisted by bureaucrats in state after state, and we’d all endure uncomfortable encounters in public toilets throughout the land.

This is Common Sense. I’m Paul Jacob.

Hooray for IJ

Wednesday, July 21st, 2010

Let a thousand floral arrangements bloom.

Louisiana has just abolished the “demonstration” section of the state’s licensing exam for florists. The new law came in response to a lawsuit by florists working with the Institute for Justice. IJ argued that the four-hour demonstration requirement was “arbitrary, subjective and antiquated,” and allowed state-licensed florists to determine the fate of their future competitors.

The outcome represents yet another victory for the “merry band of libertarian litigators” who regularly do battle “in the courts of law and in the court of public opinion on behalf of individuals whose most basic rights are denied by the government. . . .”

Founded in 1991, the Institute for Justice has successfully fought to lift caps on the number of licensed taxis in Minneapolis; eliminate laws around the country that prevent competition in every kind of occupation, from animal husbandry and interior design to hair braiding and pest control; restore freedom of speech undermined by vague and arbitrary campaign finance regulation in Florida and enemies of property rights in Tennessee; protect businessmen and home owners from eminent domain abuse in Arizona and Ohio.

IJ’s many successful efforts to defend the rights of individuals are having a major impact. Looking back over the many installments of Common Sense, I find that I mention this group’s work again and again.

With good reason. They keep fighting the good fight, and winning.

This is Common Sense. I’m Paul Jacob.

Wide-Eyed Wackiness

Sunday, July 18th, 2010

Where to begin? How about the very first sentence of the New York Times article hailing passage of the Dodd-Frank financial bill? According to the illustrious fishwrap, “sweeping expansion of federal financial regulation” reflects “a renewed mistrust of financial markets after decades in which Washington stood back from Wall Street with wide-eyed admiration.”

We’ve seen some liberalization of financial dealings over the years. It was once illegal to own gold. Travelers can be glad of the rise of interstate banking after governments began to permit it in the 1980s.

But have politicians really offered nothing but “wide-eyed admiration” for “Wall Street” for “decades”? Has the federal government really been hands-off till now?

Take Senators Dodd and Frank. They were out front pushing home ownership on people who could not afford homes, with multiple programs and legislative packages. This bubble-making process was further inflated (quite literally) by the Federal Reserve’s cheap credit policies. Many lenders, encouraged by government-provided (but perverse) incentives, jumped onto the Irresponsibility Bandwagon in the run-up to collapse.

So how can the “solution” be additional bailout authority . . . which will further encourage bankers and others to invest unwisely?

And the new regulations — these, too, are supposed to help? We don’t even know what they are yet, because bureaucrats have yet to write them, as specified (vaguely) by Congress. In addition to their burden, they will allow pols to shake down Wall Street for years to come.

This is Common Sense. I’m Paul Jacob.

Farm at Your Own Risk

Wednesday, July 14th, 2010

Some of the most vicious threats to individual rights and liberty occur not on the federal but on the local level. Clint Bolick, an attorney who has combated many local governmental assaults on citizens around the country, once wrote a book to make the point entitled Leviathan: The Growth of Local Government and the Erosion of Liberty.

Example? Consider the zany local edict issued in the little town of Lake Elmo, Minnesota. The Institute for Justice — Bolick’s old stomping ground — informs us that the city council there has begun “enforcing a law that makes it illegal for farmers to sell products from their own land unless they were grown within Lake Elmo.”

Two of the farmers being threatened with fines and 90 days in jail are Richard and Eileen Bergman, who have tilled the land in Lake Elmo for almost four decades. They grow pumpkins. But part of their farm extends beyond the city limits, and most of their pumpkins grow on that out-of-Elmo part.

The Institute for Justice has filed a federal lawsuit to overturn the town’s ban on out of-of-town pumpkins. Council members who support the ban must have some ludicrous theory about how such totalitarian edicts goose the local economy. But the ban is certainly no good for folks stopped from buying and selling what they want to buy and sell.

And how, pray tell, do you promote local farming by throwing local farmers in jail?

This is Common Sense. I’m Paul Jacob.

Winners and Losers in Sports and Government

Tuesday, July 13th, 2010

Sports excite because of the contest: There are winners and losers. But in making “big shows,” some promoters make losers of us all.

South Africa’s sticker price for hosting the World Cup was marked up past $4 billion to nearly $6 billion. The games generated fewer billions in revenue, but the taxpayers of South Africa, one-fourth of whom are out of work, will see little return on their massive investment.

So why would politicians want to “invest” only to lose?

They can’t resist the hoopla. They get to throw a big show with someone else’s bucks. And if some of the money they throw around reaches their pals’ businesses, all the better.

Around the world, governments vie to spend tax money like South Africa just did. In America, we have our city-funded/state-funded sports stadiums. And remember when our president flew across the globe to pitch for the Chicago Olympics?

Rather than soccer fans paying for soccer, baseball fans for baseball, etc., taxpayers support soccer at the expense of those who find the game tedious, baseball fans helped at the expense of opera lovers, etc.

But considering the wages paid to athletes and the profits made by team owners, these subsidies flow bigger not so much from fan to fan but from regular folks to the rich.

Governments are supposed to serve us all. It ruins the game when governments pick sides through subsidies. That way we all lose.

This is Common Sense. I’m Paul Jacob.