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free trade & free markets general freedom too much government

Supermarket Slavery

How to sue supermarkets for shutting down:

One. Move to San Francisco.

Two. Support a proposed ordinance “amending the Police Code to require large supermarkets to provide six months notice to their customers and the City before permanently closing, and to explore ways to allow for the continued sale of groceries at the location.”

Three. If the ordinance passes, wait for a large supermarket to go out of business without having known six months in advance that it would need to do so.

Four. Sue.

That the proposed law would amend the police code is perversely apt. The idea is use the state’s police power to penalize ending an activity that as a free man, not a slave, you have no obligation to continue.

Ending any project may inconvenience people who benefit from what you’re doing. But unless you are bound by contract, these other people have no right to your further efforts. 

Not for six months, not for six seconds.

The San Francisco ordinance would exempt supermarkets that must close because of a natural disaster or other circumstance not “reasonable foreseeable.” These exemptions don’t solve the problems that the ordinance could cause for innocent businessmen. As Reason magazine notes, any stores that closes “without providing the proper notice” could still be sued for damages, supposedly exempted or not.

In the 1980s, when this notion was originally proposed (unsuccessfully), supermarket executives argued that making it harder for them to shut down would also discourage them from opening a store to begin with.

True. But that’s just common sense.

I’m Paul Jacob.


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free trade & free markets regulation

Dining Out on Cause and Effect

Could a barren, charred, devastated landscape be the actual intended goal?

In California as in Washington, lawmakers and chief executives apparently have a long list of nice things to destroy and are crossing them off one by one, as if on the payroll of aliens from outer space wanting to conquer earth without doing very much conquest-work themselves.

Part 99-C of the plan is to price entry-level labor and entry-level restaurant dining out of the market by hiking the minimum wage of fast-food workers even further beyond the market rate for the labor and its actual productive value to employers: now to $20 an hour.

Already, prices for restaurant meals are going up, and restaurant workers are being laid off.

The $20 minimum is a compromise that restaurant owners accepted in lieu of probably paying a $22 per hour minimum. Like letting burglars take only most of the silverware and letting them return at will.

Even more looting of employers is to come, if employee and activist Angelica Hernandez has her way. “We’re going to have to keep speaking up and striking to make sure we are heard.” She wants her dough and doesn’t care about the consequences for others. Policymakers rush to appease her and those like her.

So is omni-destruction the actual intended goal?

Or is it that the mental powers of the crusaders and politicians and too many voters don’t extend so far as the relationship between cause and effect?

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-Style

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-based, ethnicity-based, or sex-based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.


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general freedom regulation too much government

Unlimited Limits

Do politicians understand limits? 

They seem to have this notion that they may limit us every which way . . . with no natural or civilized limit set upon the limits they may impose.

Take California lawmaker Scott Wiener.

This state senator (District 11-D.) has introduced a bill to force carmakers to install a gadget limiting vehicle speed to a maximum of ten miles per hour above the speed limit. The murderous gadget would be installed starting with 2027 car models.

I foresee problems. Hence that word “murderous.” Wouldn’t it be kind of dumb to have to go slower than the traffic all around you if that other traffic consists of pre-2027 vehicles going markedly faster than the speed limit?

Also, mightn’t emergency vehicles often have good reason to zip along faster than this gadget-imposed maximum?

Not to worry. The Hill reports that emergency vehicles would be exempt, “and the California Highway Patrol could authorize the system’s disabling in certain other cases.”

Touble is, any vehicle can, at any time, become an “emergency vehicle” — if an emergency requires it to move faster than the Wiener-imposed limit. Do you then call up the California Highway Patrol and ask that the gadget be disabled? What if you have five seconds to act? That’s not much time to beg the California Highway Patrol to give you control over your own property.

I detect hazards in letting government control every aspect of our lives and every movement we make. Can we put on the brakes, please?

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom

The S-Word in California

Frédéric Bastiat called it “spoliation”; California’s Democratic politicians call it social justice.

A bill went into effect last week, offering complete medical coverage to an estimated 700,000 undocumented — illegal — immigrants.  The price tag? 3.1 billion dollars.

Well, not “price tag”: call it a subsidy tag.

California taxpayers will pay for it. Or perhaps U.S. taxpayers will end up with the bill, as Dagen McDowell insisted on Fox News, prophesying that the program “will turn into a national issue” that will, inevitably, “swamp the federal budget.” 

Ms. McDowell also noted that the state’s targeted sugar daddies, the wealthy, “are going to other states, so much that they’ve lost a congressional seat,” all of which must lead to insolvency.

Indeed, the state is running far into the red — the color of the ink on budget columns, not voting columns. The state faces not merely annual deficits and a huge debt, there is also this looming trillion-dollar debt implied by the unfunded liabilities of the state employee pensions.

There is an old pattern here, which is why I brought up an old author in the first sentence.

First we subsidize the poor. Then we extend the subsidies up the income ladder. Now we give huge subsidies to those who enter the country illegally.

It’s as if Californians have forgotten the nature of income redistribution: you have to have income to redistribute. At some point the wealth being taken from the productive vanishes, as society becomes unproductive and descends into ruin.

There are two meanings of Bastiat’s “spoliation”:

noun
1 the action of ruining or destroying something.
2 the action of taking goods or property from somewhere by illegal or unethical means.

The two are linked. 

This is Common Sense. I’m Paul Jacob.


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free trade & free markets political economy too much government

The Not-Unintended Consequences

When bad outcomes are obvious, we can no longer call them “unintended consequences,” can we?

Take the case of California’s double-barreled attack upon “fast food”: last year’s push through the legislature of Assembly Bill 102 and Assembly Bill 1228. These regulatory schemes would have introduced collective bargaining into fast food franchises and enforced much higher minimum wage rates.

The two laws sparked an industry backlash, in the form of ballot referendums to halt the regulatory onslaught, which Steven Greenhut writes about at Reason. “In September, Gov. Gavin Newsom announced a ‘truce,’” Greenhut explains. “The industry pulled its ballot measure and agreed to a $20 minimum wage. In return, Newsom and unions limited the power of the Fast Food Council and removed joint-liability provisions.”

The concession on hiking the legal wage minimum was agreed to, notice, by the fast food lobbyists. Not the workers. 

As those familiar with elementary economics understand, when the costs of an input (like labor) are increased, alternatives to those inputs will be sought. So we can expect more replacements of workers with automation — as we’ve seen all around the country in fast food, especially at McDonald’s — as well as higher prices.

Which, in a state sporting huge homelessness and unemployment problems, will only hobble the one industry that helps the poorest members of society both in terms of consumer products (inexpensive food) and entry-level jobs (at fast food joints).

Perhaps California’s Democrats know full well what they are doing. They push crazy policies not because the negative outcomes are “unintended” or unforeseeable.

You see, it’s not disastrous for them.

This is Common Sense. I’m Paul Jacob.


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