Free Markets, Free People

Nanny State

Bloomberg’s NYC soda ban ruled “unconstitutional” by court

I love it when petty tyrants are struck down:

New York City’s crackdown on big, sugary sodas is staying on ice.

An appeals court ruled Tuesday that the city’s Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.

The judges wrote that while the board had the power to ban “inherently harmful” foodstuffs from being served to the public, sweetened beverages didn’t fall into that category. They also said the board appeared to have crafted much of the new rules based on political or economic considerations, rather than health concerns.

Bingo.  In fact, they were instrumental in carrying out the wishes of one man – Mayor Michael Bloomberg.  His is a personal agenda that has little to do with health and much to do with what he perceives as his duty to stop people from using substances that he deems harmful.

Thankfully the court said he doesn’t get to do that – at least not without substantial evidence to support his use of a ban.  If ever there was an example of “arbitrary and capricious”, Bloomberg’s ban defines it.

But as a rule, petty tyrants don’t like getting their hands slapped.  So, instead of seeing the handwriting on the wall, this one will spend more of NY taxpayers money pursuing a loss in a higher court:

The city’s law department promised a quick appeal.

“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” Mayor Michael Bloomberg said in a statement.

And if you ever wanted to understand why these busy-body do-gooders exist, here’s a fine statement to illustrate the point and the problem:

“We have a responsibility, as human beings, to do something, to save each other. … So while other people will wring their hands over the problem of sugary drinks, in New York City, we’re doing something about it,” Bloomberg said at a news conference after the measure was struck down in March.

Uh no, you don’t “have a responsibility” to “do something”.  It’s none of your freaking business, sir.  What you are doing is interfering in the life of people who haven’t asked you to do so and are therefore violating their right to do as they wish as long and they don’t violate the rights of others.  That’s something petty tyrants can’t seem to get through there heads.

Freedom means the right to be fat, unhealthy and to fail.  You may not like those things personally, but that indeed is the cost of freedom.  If you’d prefer to be free to make your own choices rather than have some nanny make them for you, then you believe in freedom.  Mayor Bloomberg does not.

~McQ

Regulation nation a symptom of an incurable disease?

Niall Ferguson has a piece in the Wall Street Journal which talks about the growth of regulation within the nation.  He starts with a quote from de Tocqueville in which de Tocqueville marvels at how Americans manage to self-regulate through associations.  He then notes that de Tocqueville wouldn’t recognize the US if he were to suddenly come back.  It looks too much like Europe.

Why?

Regulation has crept in to help smother us all the while the culture has changed to where Americans seem to no longer look to each other to solve problems, but instead look to government.

Regulations are simply a symptom of this business and autonomy killing movement.  And their growth track pretty well with our demise:

As the Competitive Enterprise Institute’s Clyde Wayne Crews shows in his invaluable annual survey of the federal regulatory state, we have become the regulation nation almost imperceptibly. Excluding blank pages, the 2012 Federal Register—the official directory of regulation—today runs to 78,961 pages. Back in 1986 it was 44,812 pages. In 1936 it was just 2,620.

True, our economy today is much larger than it was in 1936—around 12 times larger, allowing for inflation. But the Federal Register has grown by a factor of 30 in the same period.

The last time regulation was cut was under Ronald Reagan, when the number of pages in the Federal Register fell by 31%. Surprise: Real GDP grew by 30% in that same period. But Leviathan’s diet lasted just eight years. Since 1993, 81,883 new rules have been issued. In the past 10 years, the “final rules” issued by our 63 federal departments, agencies and commissions have outnumbered laws passed by Congress 223 to 1.

Right now there are 4,062 new regulations at various stages of implementation, of which 224 are deemed “economically significant,” i.e., their economic impact will exceed $100 million.

The cost of all this, Mr. Crews estimates, is $1.8 trillion annually—that’s on top of the federal government’s $3.5 trillion in outlays, so it is equivalent to an invisible 65% surcharge on your federal taxes, or nearly 12% of GDP. Especially invidious is the fact that the costs of regulation for small businesses (those with fewer than 20 employees) are 36% higher per employee than they are for bigger firms.

Got that?  224 new regulations which will have an economic impact that will “exceed $100 million” dollars.  Negatively of course.  That was the purpose of having regulations rated like that – to understand the probable negative economic impact.  And we have 224 in the hopper, in a very down economy, which will exceed the negative $100 million dollar mark.  What are those people thinking?  Or are they?  Indications are they give it no thought when these new regulations are proffered. They just note the cost and move on. No skin of their rear ends.

And if you think that’s bad, just wait:

Next year’s big treat will be the implementation of the Affordable Care Act, something every small business in the country must be looking forward to with eager anticipation. Then, as Sen. Rob Portman (R., Ohio) warned readers on this page 10 months ago, there’s also the Labor Department’s new fiduciary rule, which will increase the cost of retirement planning for middle-class workers; the EPA’s new Ozone Rule, which will impose up to $90 billion in yearly costs on American manufacturers; and the Department of Transportation’s Rear-View Camera Rule. That’s so you never have to turn your head around when backing up.

Yes, that’s right, they’re hardly done. In fact, they’re not even slowing down. The accumulation of power within the central government – the ability to intrude in almost every aspect of your life – is attempting to reach warp speed.

Finally, as if what I’ve noted isn’t enough, we have another costly travesty in the gestation stage, i.e. the “Gang of 8’s” immigration bill.  From PowerLine:

The CBO confirms that the bill provides for a vast influx of new, legal immigration. The Senate Budget Committee says:

CBO projects 16 million new immigrants will be added by 2033 on top of the current law projected flow of 22 million and that 8 million illegal immigrants will be granted permanent status – for a total of 46 million legal immigrants, including a doubling of guest workers to 1.6 million in a single year.

Contrary to the claims of the bill’s sponsors, this influx will be overwhelmingly low-skilled. The CBO says:

[T]he new workers would be less skilled and have lower wages, on average, than the labor force under current law.

The result is that unemployment will increase, and wages will be driven down, for America’s existing blue collar work force:

Taking into account all of those flows of new immigrants, CBO and JCT expect that a greater number of immigrants with lower skills than with higher skills would be added to the workforce, slightly pushing down the average wage for the labor force as a whole… However, CBO and JCT expect that currently unauthorized workers who would obtain legal status under S. 744 would see an increase in their average wages.

Terrific: the only ones who would gain would be those who came here illegally, while native born workers would suffer. The CBO report continues:

[T]he average wage would be lower than under current law over the first dozen years. … CBO estimates that S. 744 would cause the unemployment rate to increase slightly between 2014 and 2020.

Ruinous? Along with everything else, pretty much.

To say America has lost it’s way is, well, an understatement. We aren’t close to being what was envisioned at our founding and we’re almost kissing cousins of that which our Founders attempted to keep us from becoming – today’s Europe.

Unfortunately, that ruinous drift and over reliance on government seems to be fine for all too many of those who call themselves Americans today.

~McQ

“I do think there are certain times we should infringe on your freedom”

Michael Bloomberg on what you’re going to have to put up with because, you know, freedom comes in second to safety:

In the wake of the Boston Marathon bombings, Mayor Michael Bloomberg said Monday the country’s interpretation of the Constitution will “have to change” to allow for greater security to stave off future attacks.

“The people who are worried about privacy have a legitimate worry,” Mr. Bloomberg said during a press conference in Midtown. “But we live in a complex word where you’re going to have to have a level of security greater than you did back in the olden days, if you will. And our laws and our interpretation of the Constitution, I think, have to change.”

Yeah … no.  What you’re seeing there is just a different way of saying what potential tyrants (authoritarians) have said for centuries.  A shorter version is what Bloomberg said before seen in the title.  That’s what he really means.  This? This is just him saying the same thing but trying to dress it up so it sounds semi-acceptable and reasonable.  It is neither.  What has to change is we need to stand up and say “no” finally.

Because, as you know, the Constitution has remained a consistent obstacle to the authoritarians who would rule over us:

“Look, we live in a very dangerous world. We know there are people who want to take away our freedoms. New Yorkers probably know that as much if not more than anybody else after the terrible tragedy of 9/11,” he said.

“We have to understand that in the world going forward, we’re going to have more cameras and that kind of stuff. That’s good in some sense, but it’s different from what we are used to,” he said.

Or, welcome to the surveillance state. You may surrender your privacy rights over there.

Face it – the terrorists have won.

~McQ

PS: Oh, btw, we made The New Yorker yesterday.  Ironic, no?

Apologizing for authoritarianism

That’s essentially what Sarah Conely does in a NY Times op-ed. Oh, she cloaks it benignly enough -“it’s just soda” – as he supports the Bloomberg ban on large volume soda sales.  But in essence what she claims is “government knows best” and “giving up a little liberty isn’t so bad if it benefits the majority”.

You see, liberty, in her world, is much less important that security or safety.  And we, as knuckle dragging neanderthals, don’t always know what is best for us or how to accomplish our goals without the hand of government to guide us (how we ever managed to make it to the 21st century without that guiding hand is still a mystery in Conely’s circle).  Sure some can do it, but most can’t and so laws should be designed to protect and guide (coercively of course) those who can’t (or are believed to be unable).

A lot of times we have a good idea of where we want to go, but a really terrible idea of how to get there. It’s well established by now that we often don’t think very clearly when it comes to choosing the best means to attain our ends. We make errors. This has been the object of an enormous amount of study over the past few decades, and what has been discovered is that we are all prone to identifiable and predictable miscalculations.

Research by psychologists and behavioral economists, including the Nobel Prize-winner Daniel Kahneman and his research partner Amos Tversky, identified a number of areas in which we fairly dependably fail. They call such a tendency a “cognitive bias,” and there are many of them — a lot of ways in which our own minds trip us up.

For example, we suffer from an optimism bias, that is we tend to think that however likely a bad thing is to happen to most people in our situation, it’s less likely to happen to us — not for any particular reason, but because we’re irrationally optimistic. Because of our “present bias,” when we need to take a small, easy step to bring about some future good, we fail to do it, not because we’ve decided it’s a bad idea, but because we procrastinate.

We also suffer from a status quo bias, which makes us value what we’ve already got over the alternatives, just because we’ve already got it — which might, of course, make us react badly to new laws, even when they are really an improvement over what we’ve got. And there are more.

The crucial point is that in some situations it’s just difficult for us to take in the relevant information and choose accordingly. It’s not quite the simple ignorance [John Stuart] Mill was talking about, but it turns out that our minds are more complicated than Mill imagined. Like the guy about to step through the hole in the bridge, we need help.

So, now that we have these Nobel Prize winning psychologists and behavioral economists on the record saying we’re basically inept shouldn’t it be clear to you, as Conely concludes, that “we need help”?

That sort of “help” used to come from family, friends and community.  We somehow managed, for around 200 years, to grow and succeed splendidly without government intruding and trying to control our lives.

The basic premise of her piece is much the same as Bloomberg’s more direct assault:

The freedom to buy a really large soda, all in one cup, is something we stand to lose here. For most people, given their desire for health, that results in a net gain. For some people, yes, it’s an absolute loss. It’s just not much of a loss.

Or to quote a more succinct Bloomy: “I do think there are certain times we should infringe on your freedom.”

Notice the arbitrariness of the “I do think”.  His choice, not yours.  Bloomberg picked sodas.  What else could he or those like  him arbitrarily pick next time?  Think government health care for example and your mind explodes with where they could go.

And notice Conely’s dismissal of the loss of freedom as “not much” of a loss.  Incrementalism at its finest.  Pure rationalization of the use the coercive power of the state to do what they think is best for you, because, as her academic colleagues have stressed, “we need help.”  And our betters are always there to “help” us, aren’t they?

Funny too how the solution is always the same, isn’t it?

And their desire to intrude? Well its wrapped up in their concept of government’s role in our lives:

In the old days we used to blame people for acting imprudently, and say that since their bad choices were their own fault, they deserved to suffer the consequences. Now we see that these errors aren’t a function of bad character, but of our shared cognitive inheritance. The proper reaction is not blame, but an impulse to help one another.

That’s what the government is supposed to do, help us get where we want to go.

No. It’s not. That isn’t at all the function of government as laid out in the Constitution. Not even close. It has always been our job to “get where we want to go”. Government’s job was to provide certain functions to ensure an equality of opportunity (like a fair legal system, stable monetary system, etc), but on the whole we were free to pursue our lives without its interference as long as we stayed within the legal framework and did no harm to others or attempted to defraud them.

Conely’s last sentence is the mask that fronts and justifies/rationalizes every authoritarian regime that has ever existed.  If you don’t believe that, I invite you to look at the title of her last book.  “Against Autonomy: Justifying Coercive Paternalism.”

Kind of says it all, doesn’t it?

~McQ

Calling all Nannies

A new study that is sure to make Mayor Michael Bloomberg and other health nannies wet their britches in thanks is out:

New research finds that the consumption of sugary drinks and sodas contributes to about 180,000 obesity-related deaths around the world — including the deaths of about 25,000 adult Americans — each year.

According to a new study presented on Tuesday at a meeting of the American Heart Association, one out of every 100 obesity-related deaths around the world can be tied to sugary drinks, which directly exacerbate health conditions like diabetes, heart diseases, and cancer. Specifically, the over-consumption of those beverages increased global deaths from diabetes by 133,000, from cardiovascular disease by 44,000 and from cancer by 6,000.

So, 180,000 out of what, 6 billion?  And 25,000 in the US in a population of 300 million.

Can you say “statistically irrelevant”?  I knew you could.

But the “if our draconian measures can save even one life” crowd will see this as the means to more control, just watch.  It’s just predictable (your health is now a “growth area” for control freaks and nannies).

Don’t believe me?

The experts who contributed to the study explained that’s a big issue because those calories don’t provide any nutritional value, and policymakers should focus on helping encourage Americans to cut back:

“One of the problems of sugar-sweetened beverages is that we don’t seem to compensate as well for the calories as we do for solid foods,” [Rachel K. Johnson, a professor of medicine and nutrition at the University of Vermont] said. “In other words, when we consume sugar-sweetened beverages we don’t reduce the amount of food we consume.

Johnson cautioned the study didn’t prove cause and effect, just that there was an association between sugared-drink intake and death rates.

Singh, the study’s co-author, said that taxing sugary drinks in the same way as cigarettes, or limiting advertising or access, may help reduce usage.

“Our study shows that tens of thousands of deaths worldwide are caused by drinking sugary beverages and this should impel policy makers to make strong policies to reduce consumption of sugary beverages,” Singh said.

~McQ

NY soda ban: You can always find someone to defend the indefensible

In the case of Michael Bloomberg’s overreach in banning a specific size of soda drink, the defender is some fellow named Lawrence Gostin.  The headline of the article he’s written is “Banning large sodas is legal and smart”.

Really?  Legal and smart?  His defense of the indefensible has him channeling Paul Krugman, or at least emulating him.

As I’ve said before, it’s always wise to check the premise on which someone like this operates.  In this case, the premise is, as you might expect, flawed and the reasoning thin.   It all comes down to a word – “imminent” – and the author’s obvious belief that it is the job of government to save us from ourselves.   You have to dig through the article a bit, but here’s where Gostin’s claim of legality comes from:

Admittedly, the soda ban would have been better coming from the city’s elected legislature, the City Council. But the Board of Health has authority to act in cases where there is an imminent threat to health. Doesn’t the epidemic of obesity count as an imminent threat, with its devastating impact on health, quality of life and mortality? In any event, the Board of Health has authority over the food supply and chronic disease, which is exactly what it has used in this case.

Members of the Board of Health, moreover, are experts in public health, entitled to a degree of deference. The fact that the proposal originated in the mayor’s office does not diminish the board’s authority and duty to protect the public’s health. Many health proposals arise from the executive branch, notably the Affordable Care Act.

Uh, no, obesity doesn’t qualify as an “imminent” threat such that a Board of Health can arbitrarily declare something “banned”.  Why not king size candy bars?  Why not New York cheese cake?  Why not a whole plethora of sugar soaked products?  Well, if you’re paying attention, I’m sure you’ve realized that if this had flown, such bans were likely not far behind.

But back to Gostin.   Here’s his real argument:

First, the ever-expanding portions (think "supersized") are one of the major causes of obesity. When portion sizes are smaller, individuals eat less but feel full. This works, even if a person can take an additional portion. (Most won’t because they are satiated, and it at least makes them think about what they are consuming.) Second, sugar is high in calories, promotes fat storage in the body and is addictive, so people want more. The so-called "war on sugar" is not a culture war, it is a public health imperative backed by science.

So, there is good reason to believe New York’s portion control would work. But why does the city have to prove that it works beyond any doubt? Those who cry "nanny state" in response to almost any modern public health measure (think food, alcohol, firearms, distracted driving) demand a standard of proof that lawmakers don’t have to meet in any other field.

Because we don’t, in his opinion, “demand a standard of proof” from lawmakers in any other field, we shouldn’t, apparently, demand that standard in this field.  After all it is a “public health imperative” which is “backed by science”.  Where have we heard that before (*cough* global warming *cough*)?

So we shouldn’t ask lawmakers to prove that a) obesity is an imminent threat and b) banning large sodas will defeat that threat?  Because that’s certainly the premise.

In fact, we should do precisely the opposite of what Gostin says.  We should demand “a standard of proof” from out lawmakers that requires they prove whatever bill they’re contemplating is in fact necessary.  Want to ban “assault weapons”.  Prove to me that such a ban will “curb gun violence”.  Stats seem to indicate it will have no effect.  The lapse of the previous ban showed no appreciable increase in gun violence and we’ve seen an overall decrease in violence as a whole.

In this case, the ban Gostin tries to defend and contrary to his headline claims, was neither legal or smart.  It was arbitrary and poorly thought out (if it was thought out at all – seems more like it was a capricious act grounded in an inflated belief in the power Mayor Bloomberg thought he had).  And according to a NY state judge, it wasn’t legal either.

Of course Gostin tries a transparently obvious bit of nonsense by blaming the failure on “Big Food” and a compliant judge buying into their arguments.  It is the usual fall back position for someone who has nothing.  And his trump card is to compare the food industry to, you guessed it, the tobacco industry.  “Big” anything to do with business or industry is a liberal boogyman invoked when arguments are weak.  And Gostin’s is about as weak as they come.  His attempt to fob this off on the “usual suspects” is, frankly, laughable.

I note this particular “defense” by Gostin simply to point out that there are people out there, people others consider to be rational and intelligent (and, apparently, who can get things published on CNN) that can rationalize curbing you freedoms and liberties through the use of force (law and enforcement) because they actually believe they know what is best for you and have the right to act on that on your behalf.

What we need to do, quickly, is find a way to dissuade the nannies of the world from that belief.  They need to understand that freedom means they’re free to act on what they believe in circumstances like this but they’re not free to decide that others must do it too, because they’ve decided that’s the “smart” thing to do.  Freedom means the right to fail, get fat, do stupid things (that don’t violate the rights of others), etc.  We’re issued one mother in our lives.  And it’s not the state.

~McQ

State court says no to Bloomberg’s large soda ban

As it should:

A state judge on Monday stopped Mayor Michael Bloomberg‘s administration frombanning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect. The city’s chief counsel, Michael Cardozo, pledged to “appeal the ruling as soon as possible.”

In halting the drink rules, Judge Tingling noted that the incoming sugary drink regime was “fraught with arbitrary and capricious consequences” that would be difficult to enforce with consistency “even within a particular city block, much less the city as a whole.”

“The loopholes in this rule effectively defeat the stated purpose of the rule,” the judge wrote. (Read the full text of the ruling.)

Under a first-of-its-kind prohibition approved by the city Board of Health last year, establishments from restaurants to mobile food carts would have been prohibited from selling sugary drinks larger than 16 oz. After a three-month grace period, the city would have started fining violators $200 per sale.

So the nanny gets told “no”.

Does anyone really believe this will stop him?

~McQ

You are just not relying on government enough

Or perhaps, you’re just not thankful enough for the nanny’s help and nanny feels a little put off.  Why?  You just don’t rank mommy government high enough (especially at election time) in your hierarchy of what helped you most through these difficult economic times:

“Given that only 15 percent of you turn to government assistance in tough times, we want to make sure you know about benefits that could help you,” USA.gov announced today. The ”government made easy’ website has created a “help for difficult financial times” page for people to learn more about the programs.

The government got that statistic from a poll asking Americans what helps them the most during tough times. Here are the results:

  • Savings 44%
  • Family 21%
  • Credit cards/loans 20%
  • Government assistance 15%
Oh my, you mean people are being too “self-reliant”?  Not enough reliance on government?  Why, if this sort of trend continues the people may not vote to expand government like certain parties would prefer.
So we get the “pitch”:
“Government assistance comes in different forms—from unemployment checks and food assistance to credit counseling and medical treatment,” USA.gov reminded readers.
Good to know, no?  Also good to know that self-reliance isn’t yet dead.  But the government sounds desperate that you don’t realize how important they are to you:

This leg of the financial assistance push has ended. “Although our campaign to highlight Help for Difficult Financial Times has ended, we know that your struggles may continue,” said USA.gov today. “We will keep updating the tools and information we provide to help you get back on your feet.”

“Because without us, well, you can’t even find your feet” … or something.

~McQ

Twitter: McQandO

Facebook: QandO

No progress in the War on Poverty and none expected

A new study from CATO has found that despite trillions in spending, the poverty rate hasn’t moved much:

“[S]ince President Obama took office [in January 2009], federal welfare spending has increased by 41 percent, more than $193 billion per year,” the study says.

Federal welfare spending in fiscal year 2011 totaled $668 billion, spread out over 126 programs, while the poverty rate that remains high at 15.1 percent, roughly where it was in 1965, when President Johnson declared a federal War on Poverty.

In 1966, the first year after Johnson declared war on poverty, the national poverty rate was 14.7 percent, according to Census Bureau figures. Over time, the poverty rate has fluctuated in a narrow range between 11 and 15 percent, only falling into the 11 percent range for a few years in the late 1970’s.

The federal poverty rate is the percentage of the population below the federal poverty threshold, which varies based on family size.

A point that needs to be raised here is the poverty rate isn’t going to change no matter how much we spend because revisions to the threshold will always be such that about 15% of the population will be considered poor.

And, in a relative terms, they are indeed “poorer” than the other 85%.

The question is, are they really “poor” in real terms?

It depends on how you measure poverty, doesn’t it?  You can’t spend taxpayer money on poverty unless “poverty” exists, right?  But how many of our “poor” are truly poor?

Well, I’m not sure and neither is anyone else.  That’s because of the way poverty is measured in the US.  Essentially it is based solely on income.

The official poverty measure counts only monetary income. It considers antipoverty programs such as food stamps, housing assistance, the Earned Income Tax Credit, Medicaid and school lunches, among others, “in-kind benefits” — and hence not income. So, despite everything these programs do to relieve poverty, they aren’t counted as income when Washington measures the poverty rate.

So guess what remains the same?  The poverty rate.  If “in-kind benefits” were included in income calculations for those receiving them, a lot fewer of them would be considered “poor”.   And since it’s only based on income, many elderly who receive retirement incomes below the “poverty” threshold are considered to be poor despite the fact that they own paid off assets like houses and cars and live comfortably on that retirement income.  But they pad the stats and help to continue to justify the programs and expenditures.

Do any of us have a problem with giving those who are down a hand up? 

I don’t.  But, I want a fair and reasonable determination of who really needs it before I extend that hand.

That’s something we’ve never, ever gotten since the beginning of the War on Poverty.

Are there real poor in this country.  Yes, there probably are – but not 15%.

I know CATO’s study emphasized a lack of progress.  It has nothing to do with “progress” against poverty – as noted, there will never be any progress made given the constant upward revision of the poverty level and the absurd way poverty is calculated in this country. 

As with most programs the government runs, this is one in dire need of a complete and total overhaul.

And CATO’s study is useful in pointing that out – again.

Not that anything is likely to actually happen to address the problem or anything.

~McQ

Twitter: @McQandO

Nanny state update

It’s a bit of a mixed picture with both state and federal nannies doing their best to get the proles under control.  The base premise, of course, is only government can save you from yourself since you’re too freakin’ dumb to handle it yourself.  And since you’ve been so kind as to put these people in power they find it only fair that they exercise the power they’ve accumulated to ensure you live the life they deem best.

First a local example from NYC:

The New York City Board of Health showed support for limiting sizes of sugary drinks at a Tuesday meeting in Queens.  They agreed to start the process to formalize the large-drink ban by agreeing to start a six-week public comment period.

At the meeting, some of the members of board said they should be considering other limits on high-calorie foods.

One member, Bruce Vladeck, thinks limiting the sizes for movie theater popcorn should be considered.

"The popcorn isn’t a whole lot better than the soda," Vladeck said.

Another board member thinks milk drinks should fall under the size limits.

"There are certainly milkshakes and milk-coffee beverages that have monstrous amounts of calories," said board member Dr. Joel Forman.

Ye gods.  When government is given the okay to manage your health care, this is what you can expect to happen.  Update on the drink ban – refills, according to Bloomberg, will be “ok”.  Yeah, so what’s the purpose of the drink ban? 

Moving on to a federal example of drink ban stupidity:

The vending machines are unplugged at a Utah high school after a violation of federal lunch rules. Davis High School was fined $15-thousand dollars for selling carbonated beverages during the lunch hour.

Vending machines in the hallways at Davis High School normally sell carbonated beverages and candy, but to receive federal nutrition funding, they can’t sell it during lunch. Students say it doesn’t make sense.

"Everyone goes out to lunch anyways and drinks them so it’s pretty dumb."

District officials say the policy can be confusing too. Chris Williams, the Davis School District Spokesperson, says there are definite rules about how, and when carbonated beverages can be sold. “It is challenging when you can buy a Coke before lunch, and consume it during lunch, but you can’t buy a coke during lunch."

It’s not just soda sales that are a problem; candy can be too, depending on what kind it is. Davis High School’s Principal, Dee Burton, says Snicker Bars are considered nutritional and legal, but other candy is not. "We are not allowed to sell anything that is carbonated or any candy that sticks to your teeth”

“Snickers” is considered “nutritional?”  And you can buy carbonated drinks before and after lunch but not during?  Oh, and the $15,000 fine?  Any guess where that comes from?  Yeah, Mr.Taxpayer – you.

Finally, the FDC is going after cigars:

Though the agency has yet to lay out its new regulations in detail, industry insiders speculate that it could ban flavored cigars, require ugly warning labels or graphic pictures on cigar boxes, bar customers from entering store humidors, or require that cigars be kept out of the reach of potential buyers, who typically handle and examine them before choosing which ones to buy.

“Banning that experience would be crippling,” says Gary Pesh, the owner of Old Virginia Tobacco in Richmond, Virginia, and executive officer of Cigar Rights of America. “Making a customer pick their brand of cigars from a black-and-white catalog — that destroys the way we’ve done business.”

Pesh says some speculate that the FDA would also bar shops from letting their products be visible to anyone outside the store.“That means I’d have to put blacked-out windows on my storefront,” he explains. “Like a porn shop or something.”

Well let’s be honest, among the zealots it is akin to a porn shop.  Well, with one exception – they’d likely support the right of a porn shop to exist with much less regulation.

Real effect:  if (and they say a number of times that they’re speculating) these sorts of regulations are indeed passed, then they will negatively impact jobs at a time that this economy can’t afford to lose more:

New FDA regulations could result in the immediate closing of many cigar shops, most of which employ only three to five people and operate with slim profit margins. About 85,000 people work in the premium-cigar industry — jobs that would be in jeopardy if the FDA’s regulatory power grab succeeds.

“To jeopardize 85,000 jobs in today’s economic times is absolutely unconscionable,” says Bill Spann, CEO of the International Premium Cigar and Pipe Retailers Association.

Pesh thinks small shops could also be hurt by user fees the FDA can charge to the businesses it regulates. “I’d have to pay to put me out of business,” he explains.

But that’s not the real problem.  We’re talking about a voluntary transaction between consenting adults.  Why is government involved in any other way but to prevent the use of force or fraud?

Freedom?  Forget about it.  Choice?  Not if the FDA does this the right way. 

There’s a bill in Congress right now to stop this overreach.  By the way, has anyone noticed that instead of being involved in oversight of many agencies, Congress has been reduced to the role of reactive legislation to remove or prevent the most egregious examples of regulatory overreach?

Folks, freedom means the freedom to consume bad things if that is your desire as long as you doing so doesn’t violate the rights of others.  What we see with these examples are attempts to violate that freedom of choice and use the power of government coercion to prevent you from making choices it deems harmful.

Not. The. Job. Of. Government. In. A. Free. Society.

Period. 

Yet certainly the growing trend is to do more and more of that.

And in the case of the NYC soda ban, a good portion of the left is just fine with it.

It’s frightening.

~McQ

Twitter: @McQandO