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Fourth Amendment rights general freedom

Evicting Unjust Evictions

Good news: New York City businessmen can no longer be threatened with eviction and forced to forfeit their rights for the crime of . . . well, for no crime at all.

Sung Cho, owner of a Manhattan laundromat, is one of many victims of an eviction-and-extortion racket perpetrated by the city.

For years, business owners have faced eviction because of offenses that occurred on the premises of their business — even if the owner was ignorant of the alleged offenses before they were committed.

In 2013, police entered Cho’s laundromat to sell supposedly stolen goods. After a couple of people unconnected to the business accepted the offer, the NYPD threatened Cho with eviction. Even though neither Cho nor his employees were accused of doing anything illegal.

Cho felt he had no alternative but to waive his right not to be subjected to warrantless searches, and grant police access to his security cameras, and forfeit his right to a hearing if ever penalized for alleged criminal offenses in the future. To avoid eviction, he accepted those obnoxious terms.

But he didn’t leave it there. In 2016, Sung Cho teamed up with the Institute for Justice to sue the city.

After many ups and downs, the final result is that the law so often used as a club against innocent business owners has been changed. Also, the NYPD must obey a binding order that it “shall not enforce or seek to enforce” the terms of agreements imposed under the old law.

A big win for lots of small businesses against tyrannical actions by government.

This is Common Sense. I’m Paul Jacob.


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general freedom local leaders

Cancel Freedom?

Los Angeles Mayor Eric Garcetti’s message “couldn’t be simpler,” he offered last week: “It’s time to cancel everything.”

Gee whiz, that is simple.

The mayor’s order “prohibits public and private gatherings of people from more than one household and states that all businesses in the city that require people to work on location must stop operations. Walking, driving, travel on public transport, bikes, motorcycles and scooters are prohibited, other than for those undertaking essential activities,” Fortune reports

Walking alone; riding a bike — really?* 

Thankfully, folks are still permitted to play golf, tennis and pickleball. But . . . unless the course or the court is in your back yard, wouldn’t it remain illegal to travel there? Or to play with someone not living with you already?

Governor Gavin Newsom made similar demands, only over even more folks — and with less credibility — after flouting his own previous mandates. His regional order affected “some 33 million Californians, representing 84% of the state’s population,” to be locked down in their homes until after Christmas.

Restaurant owners are going to court to challenge the constitutionality of the governor’s lockdown. “We can’t close our businesses,” restaurant owner Angela Marsden told Fox news’ Neil Cavuto. “We need to stay open to survive this.”

And what about “following ‘the science’”? 

“For the second time in five days,” explained SFGATE.com, “California Gov. Gavin Newsom did not provide evidence that businesses ordered to close during the state’s new stay-at-home order are actively contributing to the spread of the coronavirus.”

Lacking legal authority and defying science provide more than enough reason for outright defiance. “At least seven counties say they won’t enforce the mandates,” NBC Nightly News informed. “The Riverside County Sheriff’s Department will not be blackmailed, bullied or used as muscle against Riverside County residents,” announced Sheriff Chad Bianco.

Defying tyranny is simple, too.

This is Common Sense. I’m Paul Jacob.


* As I noted months ago, the scientific data correlate Vitamin D deficiency with serious and deadly cases of COVID-19. Therefore, telling people to stay inside, thereby avoiding sunshine, a major source of the vitamin, is not good advice. As an order with threats of enforcement, it is something even worse.

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general freedom too much government

A Tyrant’s License

The “lockdowns” are not how a free society would handle a contagion.

Free people might advisedly wear masks and physically distance themselves from others when they are especially vulnerable to an airborne disease, or they themselves show some symptoms.*

But free people take risks, too, and accept responsibility for risks taken. And they go about trying to improve their lives generally, in society.

In society, via commerce

Furthermore, free people would also change their behavior based on good information freely discussed.

What they would not do is engage in bullying to suppress information, cheer on institutional debate suppression, or mandate abridgments to other’s liberties on the basis of personal or sectarian opinion.

That is, they would not do what we do now.

And, perhaps most importantly, free people would utterly condemn leaders who lied to them, or who took special privileges by flouting their own mandates, enforced on the rest of us.

We’ve sure seen a lot of this latter.

The latest case is that of Austin, Texas, Mayor Steve Adler, who has been caught in one of those grand hypocrisies that show the panic to be mostly political opportunism: he had recorded his early November message to “stay home if you can” after attending his daughter’s wedding with 20 guests and then taking a getaway trip with a party of eight.

“This is not the time to relax,” he warned, however. “We may have to close things down if we’re not careful.”

Recorded in Mexico, I guess that “social distance” allowed him the gumption to deliver a threat: if you don’t self-quarantine, I will quarantine everybody!

Except, of course, himself.

Freedom is not just something for our rulers. Liberty with an exception clause is spelled “L-I-C-E-N-S-E.”

This is Common Sense. I’m Paul Jacob.



*
By wearing masks and gloves these two groups would signal to others to give them some distance. Not virtue-signaling, but well-mannered responsibility signals. The healthy people, though, would take the risks of the disease because, after all, we face a million risks every day, from automobile injury to cancer.

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general freedom

Thank You, Anonymous Leaper

I hope that the still-anonymous North Korean refugee who jumped a three-meter high, barbed-wire fence a few weeks ago — details are just now emerging — has paused to thank himself for his daring and initiative.

Now is a good time to do it. Thanksgiving is an American holiday, but we’re happy to let others around the world borrow it for their own thanks-giving purposes.

On November 3, a former 110-pound, North Korean gymnast leapt over a ten-foot fence in the demilitarized zone to reach South Korea.

The man has confirmed his story to the extent of proving his ability to leap tall barriers in a single bound in front of South Korean officials. He says he wants to defect.

I wish we knew more about him. But until I hear different, I’m going to assume that he is not a double agent. Just a guy who dislikes being oppressed and who wants a better life.

Every time a person leaps from totalitarianism to freedom, we should all be thankful. Here is someone who made it! This, despite pandemic-incited lockdowns that have made it even harder to escape North Korea. His feat shows others stuck behind country-wide prison walls that escape is still possible, even if few can do it the same way.

It also inspires those of us already on this side of the fence to keep working to preserve and expand the freedom, so often jeopardized, that we still enjoy.

Thank you, sir.

This is Common Sense. I’m Paul Jacob.


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general freedom too much government

The Saddest Thanksgiving

We are social animals. We need human interaction, not just interaction with our “screens.”

So, no wonder suicide is a rising problem during the lockdowns.

Jon Miltimore, writing at FEE, focuses on one country known for its suicide-tolerant culture: Japan. “Suicide Claimed More Lives in October Than 10 Months of COVID-19 in Japan, Report Shows.” Though the island nation had seen lowering levels of suicides for years, the lockdowns to prevent the spread of the Wuhan contagion have apparently reversed the trend.

“The 2,153 suicides reported last month are about 600 more than the previous year, CBS reports, with the largest gains coming in women, who saw an 80 percent surge in suicide,” Miltimore informs.

Though these United States do not publish timely stats, reports from specific locales suggest that suicide is rising in America, too.

And this is not surprising.

If one were to “follow the science” — or sciences, in this case sociology, social psychology, etc.  — one would have predicted such an effect. The “social distancing” model for pandemic mitigation is the perfect recipe for inducing suicidal ideations in social animals like ourselves.

Most at-risk are those with depression problems already, orother social trauma — or “merely” have trouble making friends. Government-mandated distancing just makes it harder for those who really need to make connections, but have trouble doing so.

Add on the holidays — a traditional time for familial bonding and social conviviality, but really tough for those alienated from same — and we are in for a bumpy sociality crisis.

Lockdowns are anti-social. This holiday season, reasonable, usually-healthy people might want to reach out, repeatedly (if only “virtually”), to those who need what many states now prohibit: human contact.

For humanity’s sake. For our friends’ sake.

This is Common Sense. Paul Jacob.


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general freedom national politics & policies

Lockdown Mania, Winter Phase

New Mexico, along with many other states, is going into lockdown. 

“The rate of spread and the emergency within our state hospitals are clear indicators that we cannot sustain the current situation without significant interventions to modify individual behavior,” Gov. Michelle Lujan Grisham is quoted in her office’s press release. 

“The public health data make clear,” the governor asserts, that “more aggressive restrictions are not only warranted but essential if we are to prevent mass casualties. Without the compliance and cooperation of New Mexicans statewide, we do not need to imagine the bleak public health calamity we will face — the images from El Paso the last few weeks, from New York City earlier this year, and from Europe at the outset of the pandemic will be our fate in New Mexico.”

The report from The Hill did not interrogate the claims, just repeated the planned massive intervention and accepted the statements as fact.

Contrary to all this assertion, the evidence that lockdowns help remains worse than murky. European states that locked down tightly early in the year are experiencing this second or third “wave” worse than those that did not go full-on “mitigation.” The classic case is Sweden, which infamously resisted lockdown mania. Using the best test of success, “excess mortality,” Sweden is doing remarkably well. 

Sweden’s a problem for lockdowners, who avoid fair comparisons and . . . are devoted to spin. On the same day, Business Insider and Reuters covered the same story, with these headlines:

Sweden has admitted its coronavirus immunity predictions were wrong as cases soar across the country.

Second wave, same strategy: Swedish COVID-19 czar defiant despite surge.

Meanwhile, a controlled study of lockdown mitigations using obedient Marines found: quarantines don’t control the spread of the disease.

Nevertheless, politicians seem hellbent on lockdowns, something they know how to do . . . whether it helps or not.

This is Common Sense. I’m Paul Jacob.


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