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crime and punishment ideological culture property rights

Shrink Shrank Shrunk

“Shrinkage.” A big problem.

I’m not talking about the delicate issue identified in the classic Seinfeld episode, “The Hamptons.” I refer, instead, to the business lingo for theft.

It’s rampant and taking a sad toll. 

Dick’s Sporting Goods is the first major retailer to blame declining profits on the “shrink” of its inventory because of mass theft. “The sporting goods and athletic clothing seller reported second-quarter results Tuesday morning that included a 23% drop in profit, despite sales that rose 3.6% in the period,” CNN explains

But it’s not just a Dick’s problem. “Retailers large and small say they are struggling to contain an escalation in store crimes — from petty shoplifting to organized sprees of large-scale theft that clear entire shelves of products. Target warned earlier this year that it was bracing to lose half a billion dollars because of rising theft.”

The cause?

No mystery.

Leftists have long been uncomfortable with private property. Their socialism seeks to replace private property with public property and private control over the means of production with governmental control. No wonder they often excuse private thievery as something like a revolutionary act.

When Pierre-Joseph Proudhon put the idea boldly onto paper in 1840, that private property is itself theft, he really meant landed property, not personal property. Today’s leftists, unburdened by subtlety, keep coming back to opposing what is the core institution of civilization: respect for other people’s things.

Which allows for everything from privacy to progress.

Encouraging petty theft, as the left has knowingly, and organized theft, as the left has unwittingly (I hope) is not without consequences.

Our wealth, our liberties, our peace — they shrink.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom property rights

Guilty of Claiming Innocence

Some gangsters take it personally if you object to being railroaded. So they railroad you some more.

That’s what happened to Robert Reeves, a Detroit auto mechanic and construction worker. In 2019, Wayne County confiscated his Camaro after police saw him visit a site that supposedly contained stolen equipment. The police did not formally accuse him of the alleged theft or try to convict him of it.

Nevertheless, the county wanted Reeves to pay $900 to retrieve his car.

Instead, Reeves went to court to end what Institute for Justice, which has been representing him, calls a “seizure-and-ransom policy.”

Soon the county was accusing Reeves of made-up felonies of receiving stolen property and telling the court that he had no right to challenge its forfeiture policy while being accused of these felonies.

Reeves challenged the county’s dishonest challenge, and the court dismissed the charges for lack of evidence. Two weeks later, though, the county did the exact same thing, making the same fake charges and asking the same judge to dismiss the same case on the same grounds. The judge again refused.

Now, years later, Reeves is suing Wayne County for the way it further violated his rights when he challenged its initial violation of his rights.

Although this again makes Reeves a target, “Robert will not be silenced,” says IJ attorney Christian Lansinger, and the Institute will continue to hold accountable governments that seize the vehicles of individuals without evidence of wrongdoing.

This is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights general freedom property rights

Government Greed Swept in Double-Header

Geraldine Tyler lived long enough to see the U.S. Supreme Court rule against those who robbed her. She is 94.

On May 25, 2023, the Court determined in a 9-0 ruling that Hennepin County, Minnesota, is not constitutionally entitled to pocket the entire sale-price value of a condo in massive excess of the property taxes that Geraldine Tyler owed on the property when the government seized it for unpaid taxes.

Including penalties and interest, Tyler had owed about $15,000. But after selling the condo for $40,000, the county government seemed to think that $25,000 was a reasonable brokerage fee.

Pacific Legal Foundation, which represented Tyler in the case, argued that the county violated the Takings Clause of the Constitution by taking private property for public use “without just compensation.”

The Court agreed, saying that exploiting the debt “to confiscate more property than was due” effected “a ‘classic taking in which the government directly appropriates private property for its own use.’ ”

The ruling also rejects the county’s argument that Tyler somehow forfeited her constitutional rights by failing to pay her property taxes.

The same day, PLF also won another huge victory in the U.S. Supreme Court when the Court ruled that the EPA does not have limitless authority to block property owners from building on their own land if the agency chooses to designate a soggy part of the land a protected “wetland.”

Two for two. Not a bad batting average.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment Fashion property rights Second Amendment rights

Don’t Make It Easy

Rachel Rogers and Jennifer Ferguson, employees at a Lululemon in Georgia, were fired for neglecting to stand by mutely during a robbery and for then calling 911.

“They’re just full-blown, like, running circles around you grabbing as much as they can,” Rogers told WSBTV. “So, our reaction is to scream, ‘No! Get out! Leave!’ ”

The two employees called the police. The same thieves were caught when trying to rob another Lululemon store in the area the next day, perhaps because police were on the alert.

But two weeks later, Rogers and Ferguson were fired, without severance pay, for violating the retail chain’s policy of zero tolerance for calling 911 to report a robbery.

“We are not supposed to get in the way. You kind of clear path for whatever they’re going to do,” Ferguson said. “We’ve been told not to put it in any notes, because that might scare other people. We’re not supposed to call the police, not really supposed to talk about it.”

In a post blasting the company, Jennifer’s husband, Jason Ferguson, observed: “If we, citizens of the community, allow criminal activity to go unchecked, that is tacit approval for them to continue their ways.”

And how long can we hold onto our belongings and our civilization if we meekly usher in the Visigoths and Vandals and tell them go ahead, take whatever you want, we won’t try to stop you or even call the cops after it’s all over?

A lot of people, including higher-ups at Lululemon, have forgotten that property rights are at the foundation of civilization.

This is Common Sense. I’m Paul Jacob.


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folly Fourth Amendment rights property rights

Can They Do That?

Residential tenants in Zion — and their landlords — can breathe a sigh of relief.

The Zion, Illinois, government can no longer send officials to barge into rented homes at will to conduct obnoxious inspections.

The inspection regime was instituted in 2015 by a mayor who blamed an excess of renters for the town’s financial troubles. The motive for the searches, then, may have been to make it more uncomfortable to rent in Zion. Seriously. As dumb and thuggish as that.

Robert and Dorice Pierce and their landlord were among the victims of this regime.

When an inspector showed up at the Pierces’ door, they told him to get a warrant. But judges don’t generally accept “important to harass tenants” as a reason for issuing warrants. In any case, any respect for constitutional constraints was incompatible with the very nature of these intrusive practices.

So Zion’s response was to threaten the landlord, Josefina Lozano, with daily and mounting fines until she compelled the Pierces to capitulate. That’s when the trio turned to the Institute for Justice and decided to go to court.

This was familiar territory for IJ, which in the 1990s had successfully fought a similar inspection regime in Park Forest, Illinois.

And now, after three years of judicial proceedings, IJ and its clients have secured a consent decree prohibiting the warrantless inspections and prohibiting the fines.

But those who enacted this outrageous regime deserve a reprimand more stern than merely a loss in court. 

This is Common Sense. I’m Paul Jacob.


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Rent-Free in Oakland

The city council of Oakland, California just voted 7-1 to end the town’s pandemic-rationalized moratorium on eviction for nonpayment of rent.

But it’s not over yet.

The moratorium will linger on until July 15. Three years is supposedly insufficient time for tenants to gird themselves to again honor the contract with the persons who provide them with shelter.

And then it still won’t be over.

The council’s slow-walk phaseout comes with a permanent new limitation on what landlords can do. This explains the lone dissenting vote, that of Council member Noel Gallo, who says that the rights of landlords are still being insufficiently protected.

As the text of the legislation passed by the council makes clear, its revision of the city’s “just cause” ordinance further violates the property rights of landlords. In part, the new ordinance provides that any failure to pay rent during the last three years which a tenant can plausibly attribute to the pandemic is sufficient to prevent an eviction, even if not relieving the tenant of the obligation to pay that rent.

Will the reprieve be too late and too little for property owners like John Williams? For the last three years, Williams has been stuck with a freeloading tenant who has been financially able to pay rent but who has refused to do so and refused to move.

The tenant, occupying half of the duplex where he also happens to live, owes him $56,000. And Williams is facing . . . foreclosure.

This is Common Sense. I’m Paul Jacob.


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