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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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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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crime and punishment general freedom property rights

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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It’s a Crime

Somebody forces his way into your home and insists on hanging around. You can’t eject him yourself, but you manage to contact the police. The police arrive. You prove you’re the owner. The police arrest the intruder and you resume full use of your property.

Patti Peeples and Dawn Tiura want intruders to be treated this same way — as criminals to be thwarted immediately — if owners are away when intruders intrude.

The pair co-​own a Jacksonville, Florida, house that they rent out. After the last tenant moved out, two squatters moved in. They were discovered by a handyman.

To evict the squatters, Peeples and Tiura had to go to court to start justice’s slow wheels turning. It took more than a month.

The squatters told police that they’d been conned by a rental scam. But they had recently told the same story to explain their occupancy of another home in the neighborhood. 

Also, they threw a brick and feces at the owners’ car as the owners were driving past the house. 

And after the squatters were finally evicted, the owners discovered massive damage: missing appliances, holes punched in walls.

So, not innocent. Much less sanitary.

“Squatters are nothing more than criminals who are breaking and entering into a house,” Peeples says. “They should not be handled in civil court. They should be treated within the criminal court system.”

There’s certainly no reason to let them linger and wreak revenge for having suffered the inconvenience of being caught.

This is Common Sense. I’m Paul Jacob.


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Vandalized, Scandalized

Store owners have another reason to get the heck out of that derelict-​enabling and increasingly unlivable town, San Francisco. The city fines businesses for the crime of being vandalized by graffiti artists.

This form of harassing property owners is nothing new, but the city had temporarily reduced enforcement during the pandemic.

The policy is unjust in at least two ways.

First, there should be no fines for being hit by graffiti-​vandals. It’s the vandals who should be punished, not the victims. Moreover, as Reason magazine points out, “Unlike accumulated trash, noise, or other standard nuisances, graffiti isn’t inherently offensive.”

Rather, it is the city that is being offensive by treating an owner’s property as if it were its own and penalizing owners if their property lacks the appearance that the city ordains.

Second, even granting the legitimacy of requiring property owners to clean up the graffiti, the policy as imposed is abusive. Businesses are being fined repeatedly for graffiti that they don’t magically remove at lightning speed and that the vandals, undiscouraged, simply slap back on anyway.

“I can’t even count,” Michael McNamara, manager of the restaurant Above Ground (now closed), told the San Francisco Chronicle last year. “The paint dries and you deal with another one.” The city had dunned Above Ground with at least three $300 bills for the graffiti.

Rewarding destructive behavior while punishing those whose way of work and life makes civilization possible is no way to run a city — but it is a way of running the good people out of town.

This is Common Sense. I’m Paul Jacob.


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A Fitter Course

The times may not seem to indicate jubilations and thanksgivings, but any time is a good time to practice gratitude — to those who deserve it, and on a more basic level, too — so, regardless of the pandemic, the misguided responses, social unrest, racial mistrust, the threat of totalitarianism and war, remember: things could be worse.

At Thanksgiving, especially, it might do us good to consult William Bradford’s account* of the History of “Plimoth Plantation,” a document that recounts how his fellow Pilgrim settlers established, endured, barely survived, recovered, and eventually thrived in Massachusetts.

By the spring of 1623 — a little over three years after first settlement in Plymouth — things were going badly. Bradford writes of the tragic situation:

[M]any sould away their cloathes and bed coverings; others (so base were they) became servants to [the] Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from [the] Indeans, of which they greevosly complained. In [the] end, they came to that misery, that some starved & dyed with could & hunger.

The problem? The colony had been engaging in something very like communism.

The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that conceite of Platos & other ancients, applauded by some of later times; — that [the] taking away of propertie, and bringing in comunitie into a comone wealth, would make them happy and florishing; as if they were wiser then God.

Bradford relates the consequences of common property:

For this comunitie (so farr as it was) was found to breed much confusion & discontent, and retard much imploymet that would have been to their benefite and comforte. For [the] yong-​men that were most able and fitte for labour & service did repine that they should spend their time & streingth to worke for other mens wives and children, with out any recompence. The strong, or man of parts, had no more in devission of victails & cloaths, then he that was weake and not able to doe a quarter [the] other could; this was thought injuestice. The aged and graver men to be ranked and equalised in labours, and victails, cloaths, &c., with [the] meaner & yonger sorte, thought it some indignite & disrespect unto them. And for mens wives to be commanded to doe servise for other men, as dresing their meate, washing their cloaths, &c., they deemd it a kind of slaverie, neither could many husbands well brooke it.

Yes, the s‑word: Slavery. Common property was mutual slavery.

The solution? The plan for society that Bradford attributed to God. He brooked no pleading that common property didn’t work because of corruption, sin. As he put it, “seeing all men have this corruption in them, God in his wisdome saw another course fiter for them.” The course? I’ll use a word of coined by Robert Poole, one of the founders of Reason magazine: Privatization.

Basically, what the Pilgrims privatized was land, and the fruits thereof, assigning to

every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means [the] Govror any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into [the] feild, and tooke their litle-​ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have compelled would have bene thought great tiranie and oppression.

Thus began the years of bounty in Massachusetts. There’s much more in Bradford’s account worth reading, including the increasingly tragic relations with the native Americans. And, indeed, one learns from reading such first-​hand accounts how imperfect a creature is man.

But it is obvious that some systems of property and governance work better than others, and, on the day that our government has set forth as a day of Thanksgiving, it is worth being thankful for living in a land that has upheld — to at least some degree — the system of private property that America’s Pilgrim’s learned to see as God’s “fitter course” for corruptible man.

This is Common Sense. I’m Paul Jacob.


* This episode of Common Sense is adapted from this site’s 2011 Thanksgiving message

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