Tag: licensing

Categories
free trade & free markets litigation regulation

Free to Advise

New York, law, lawyers, guilds, AI, labor, licensing

People should be free to talk to each other about whatever they want as long as they’re not thereby conspiring to rob and murder and so forth. They should even be able to give advice.

Including legal advice. 

New York State disagrees. 

The Institute for Justice is asking the U.S. Supreme Court to let the non-lawyer volunteers of a company called Upsolve keep giving advice to people facing lawsuits to collect debt.

As IJ explains, New York State is trying to “protect people from hearing advice from volunteers” who have relevant training. The point is that the First Amendment “doesn’t allow the government to outlaw discussion of entire topics . . . by requiring speakers to first obtain an expensive, time-consuming license.” (That Upsolve’s advisors have relevant training is relevant but also superfluous. Even untrained talkers have the right to talk, obviously.)

In 2022, a federal district court agreed with the plaintiff that its volunteers have a First Amendment right to speak and let Upsolve operate as litigation continued. Then a court of appeals ruled against Upsolve. Now IJ and Upsolve hope that the U.S. Supreme Court will step in and put an end to the nonsense. 

We know what this is about: politicians catering to lawyers who don’t want less expensive sources of legal advice out there competing for customers. 

It’s certainly not about protecting those who would have one fewer resource to turn to were this one taken away.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with Nano Banana

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
free trade & free markets regulation too much government

The AB5 Agenda

nanny state, freelancers, independent contractor, licensing, labor unions, regulations, general freedom

AB5 is the code name for legislation passed in California a few years ago to kill freelance work. 

Ex-freelancers hate AB5; employers who can’t afford to convert contractors into regular employees hate AB5. 

Unions, on the other hand, love AB5; lawmakers also love AB5.

A California citizen initiative partly reversed it. Then the Ninth Circuit at least temporarily reversed the reversal.

Though Democrats have made several attempts to bring it to the federal level, Congress has not passed a federal version of AB5. But now the Department of Labor is acting to impose a rule to challenge the status of many independent contractors, scheduled to take effect March 11. This AB5-like rule enunciates six criteria determining whether contract work may still be called contract work.

This affects what I do. One of my dozen jobs is citizen-initiative work. Various state governments have done all they can apart from comprehensive AB5-like rules to impede my ability to collaborate with petitioners to get citizen initiatives on the ballot. It is most efficient to pay these contractors per thing they do instead of earning a fixed salary or getting paid an hourly wage. 

Politicians and bureaucrats know this.

If the Labor Department’s new rule takes effect, will contractors working with me pass the test? Or will we all be thrown into chaos and confusion?

It is being challenged in court. 

Many voters — who are, after all, wage-earners or salaried employees — may not care very much; it may seem irrelevant to them. But it is time for them to inquire why some politicians and union bosses want to destroy the ability of freelancers to freely work for outfits short of becoming full-time employees.

For the ramifications will reach far beyond my niche “industry.”

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
crime and punishment too much government

DeKalb Gas Stations DeKneecapped

gas station, surveillance

The gas stations of DeKalb County, Georgia, never did nothing to nobody . . . except provide petrol.

Yet, thanks to a draconian county ordinance, the stations can be shut down if they fail to splurge on expensive new video surveillance systems. Even if they already have security cameras. Which most do.

The law requires the systems to operate continuously; to include cameras at registers, gas pumps, parking areas, as well as entry and exit points; to record at least 24 frames per second; to store recordings for at least 60 days.

Wait, these are private gas stations. 

By what right does the county mandate precisely what detailed security measures business owners must take in order to keep their licenses? This is government turning the tables, rather than keeping these stations safe, the county lords the license over them, demanding the stations spend lavishly on security.

Arguably, the county is acting as yet another disruption plaguing the stations — which already face more than enough criminal invasion of their premises.

The law requires recordings to “be made available to any peace officer for viewing no later than 72 hours after being requested.” Nothing about obtaining a warrant if and when an owner is less than eager to cooperate. (Assuming, generously, that the video would be used to prosecute the robber even if the police and prosecutors had it.)

Lawyers for the Institute for Justice have been talking to the gas station owners, and have sent a letter citing the Fourth Amendment as grounds for DeKalb’s commissioners to drop this “beyond creepy and dystopian” practice.

Let’s hope the outcome is not more suffering businesses but a more limited government.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with Firefly and PicFinder

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
local leaders political challengers

Outlawed But Unmoved 

trucker, freedom, license, permit. law

He plied his trade without shame. Through the years, he was again and again officially rebuked for his conduct. He went ahead full throttle anyway, laughing in the face of danger.

Once, enforcers even tossed him in jail for a night to deter him from his dastardly deeds, deeds that were so galling and offensive to . . . well, to competitors in the same business who had decades of regulatory tyranny on their side.

On the Liberty website, Bruce Ramsey recalls the story. Born Michael Patrick Shanks, Mike officially changed his name to Mike the Mover. 

Why? For the advertising value.

Maybe also the annoyance value.

His job was helping people move. Illegal, because the state of Washington doled out a strictly limited number of professional licenses. And for half a century it was virtually impossible to get one.

“Mike had started in 1981 with one truck,” says Ramsey. “When he painted his name on his trucks his competitors noticed him and complained. In 1987 the state cited him. In 1992 it hit him with a cease-and-desist order. In 1993 it slapped him with a court injunction. . . . He ignored them all. [State] enforcers wrote 89 tickets, each a gross misdemeanor, for operating without a license.”

Where Mike the Mover led, others followed. Finally, the regulators eased up and began licensing many more people to move for a living.

Not Mike the Mover. When he was finally offered a license, “I told them to shove it.”

Thanks, Mike.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder.ai and DALL-E2

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
crime and punishment folly general freedom too much government

Ian and the Scurvy Knave

Florida, Texas, roofer, licensing, hurricane

Don’t help people after a hurricane! 

Not if you live in another state and there’s no time to lose but . . . you’re licensed only in that other state.

Now, before you declare Houston-based Terence Duque an innocent victim because he was arrested for not being Florida-licensed, let’s take a cold hard look at the facts. Duque is licensed in Texas, has operated a successful roofing business since 2008, is rated A+ by the Better Business Bureau, is called a “preferred contractor” by Owens Corning.

Sounds okay, right?

But hold on. After Hurricane Ian smashed Florida a few weeks ago, what did this scurvy knave do?

Shamelessly and with constructive purposes aforethought, Duque offered his services to residents of hard-hit Charlotte County, Florida!!!! No, seriously. Simply because homeowners had had their roofs ripped up, Duque offered to repair them!!!!! Yet this man calls himself a roofer!!!!!!!!!

Arrested by the Charlotte County sheriff, who says “I will not allow unlicensed contractors to further victimize [sic]” hurricane victims, Duque is charged with “conducting business in Charlotte County without a Florida license.” He faces one to five years in jail.

He says he thought he’d been allowed to help Floridians because licensing regulations had been loosened due to the emergency. 

No.

Justin Pearson, an attorney with Institute for Justice, says Duque was punished for “doing the right thing.”

The right thing??? The man was honestly trying to help people recover from a terrible personal setback and fully qualified to do so!!!!!!! Look at the facts!!!!!!!!!

Throw away the key?

This is, er, Common Sense. I’m Paul Jacob.

PDF for printing

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
Fifth Amendment rights First Amendment rights Fourth Amendment rights general freedom

Three Decades of Justice

IJ, Institute for Justice, law

Since September 1991, the libertarian law firm founded by Chip Mellor and Clint Bolick has been fighting for the rights of its clients against governmental assault.

For no charge, Institute for Justice helps people stripped of options fight for:

● The right to keep one’s land (and what’s on it).

In 2001, the city of Mesa, Arizona launched eminent-domain proceedings against Bailey’s Brake Service, owned by Randy Bailey. The plan was to destroy the shop and give the land to a hardware store, not a constitutionally permitted “public use.” Bailey and IJ eventually prevailed in court.

● The right to make a living despite arbitrary professional licensing.

The Louisiana State Board of Cosmetology demands that aspiring hair braiders submit to hundreds of hours of training and pay for an expensive license to ply their trade. IJ is challenging the requirement on behalf of clients Ashley N’Dakpri, Lynn Schofield, and Michelle Robertson.

● The right to keep one’s cash despite arbitrary civil forfeiture — i.e., the power of police and prosecutors to grab your money or other belongings without charging you with a crime.

One recent victim is Marine Corps veteran Stephen Laura, whose $86,900 was looted by the Nevada Highway Patrol. The Institute has agreed to help him get it back.

And so on.

It doesn’t look like governments will stop interfering with our ability to live and work any time soon. 

“Eternal Vigilance”? Thy name is IJ.

This is Common Sense. I’m Paul Jacob.

PDF for printing

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
insider corruption too much government

Engineering Government Limits

Oregon, licensing, Mat, traffic,

Lord Acton’s Law of Power states the chief problem of government: “Power tends to corrupt and absolute power corrupts absolutely.”

It has broad application.

Take traffic lights. They are there to prevent accidents and make navigating roads a better experience for all. The basic idea is to establish and enforce a few basic rules and then let civilization proceed at the pace set by the people themselves. It won’t be perfect, but it won’t be tyranny, either.

But controlling traffic lights is a kind of power. 

And thus open to corruption.

Just ask Mats Järlström. After his wife got a “running a red light ticket” in Beaverton, Oregon — a town characterized on the show Veronica Mars as completely wholesome and innocent of guile — Mr. Järlström researched the yellow light timing system.

Using a sophisticated “extended kinematic equation,” obtained from his work background in Sweden, he sought to right the wrong that led to his wife’s ticket and found himself mired in government overreach.

You see, the Oregon Board of Examiners for Engineering and Land Surveying objected to his practicing engineering without a license.

The board sought to bury his findings about how yellow lights have been calibrated in Oregon — which he had shown encouraged behavior that would allow governments to maximize revenue . . . not safety.

That’s corruption. The intersection lights’ setup turned a safety measure into a means to fleece motorists — and the engineering board corruptly twisted its mission to suppress the truth. 

Thankfully, the Institute for Justice stepped in, and Järlström won in court.

Oregon now has new intersection lighting standards, and the power of the government professional board has been curbed.

A win for limited government!

And Common Sense, which This Is. I’m Paul Jacob.

PDF for printing

Oregon, licensing, Mat, traffic,

See all recent commentary
(simplified and organized)
See recent popular posts


Categories
free trade & free markets Tenth Amendment federalism too much government

Hairdressers Unbound?

Joe Biden, licensing, salon, Occupational licensing, cosmetology, license

Joe Biden, late of the U.S. Senate and Blair House, is not someone I typically rush to for policy advice. Were I looking for a weather vane to indicate whence bad ideas come a-gusting, in full poisonous gasbaggery, Biden might serve as well as any of the budding socialists now running for the presidency.

But he has a clue about one thing: Occupational licensing.

Last week, Biden came out against the cosmetology licenses so common in states throughout the union. “Joe Biden knocks licensing requirements for hairdressers,” Philip Wegmann summarized on Twitter, “says it’s ridiculous that licenses take ‘400 hours’ of training: ‘It’s all about not helping workers.’”

Now, this is hardly a federal issue for a president to tackle. And Biden sure seems to be itching to run for the top banana position that he was so close to for eight years.

But states can do something — about their own stupid regulations. As Arizona just showed when the legislature passed a bill to acknowledge the occupational licenses from other states when a person moves to Arizona. This allows more freedom of movement among the states, and brings the state back into line with the common market idea of the U.S. Constitution. Governor Doug Ducey is expected to sign (or may already have done so, by the time this is published): it sure fits with the governor’s proclaimed desire to roll back regulations.

And this notion of openness and inclusion could be extended to other issues. You know, like concealed carry permits.

After all, states universally recognize all others’ drivers’ licenses. If you may navigate a metal-and-glass mortician’s little helper based on your state’s licensing, surely you can clip hair safely enough.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Joe Biden, licensing, salon, Occupational licensing, cosmetology, license

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
crime and punishment folly general freedom local leaders moral hazard nannyism privacy responsibility too much government

The Winds of Regulation

occupational, licensing, permission, unions, protectionism, regulation, license, law

Among the many goofy occupational licensing laws in these United States, Arizona’s licensing for professional blow-drying services is up there with the silliest. 

“Under current law, using a blow-dryer on someone else’s hair, for money, requires more than 1,000 hours of training and an expensive state-issued license,” we learn at Reason. “Blow-drying hair without a license could — incredibly — land you in jail for up to six months.”

This came into the news because of a campaign to deregulate the cosmetology industry — just a bit, anyway. Gov. Doug Ducey, in his recent State of the State address, “mocked the state agency that licenses stylists, barbers, nail technicians and affiliated professionals in Arizona, and endorsed legislation to remove training requirements for those who simply wash, brush and blow-dry customers’ hair.”

Licensed cosmetologists — well, at least some organized ones — have gone into a tizzy.

Hardly surprising, since occupational licensing, though usually argued for on consumer safety grounds, rarely finds consumers clamoring for it. 

It’s groups of established businesses, professionals.*

Brandy Wells, the sole non-cosmetologist on the state board overseeing the regulation of the industry, supports the liberalizing bill. So of course she has been called every name in the book. But even she was amused by one stylish denigration: “your logic on deregulation of cosmetology is much like your hair, dull and flat.”

The issue may seem trivial, with not all that much on the line — though jobs are . . . and freedom is. 

But it doesn’t lack for hot air.

This is Common Sense. I’m Paul Jacob.

 

* As Adam Smith argued, whenever businessmen (“dealers”) in the same industry group together, their proposals should be listened to “with great precaution.”

PDF for printing

 

Categories
Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

Oregon, traffic light, license, licensing, government, regulations, engineer

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river.

Oregon remains treacherous.

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine.

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration . . . at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ . . . create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time.

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court.

This is Common Sense. I’m Paul Jacob.

Printable PDF

 

Photograph by Tom Godber on Flickr