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Accountability crime and punishment general freedom

Vindication at the Gym

Crime: functioning.

In July 2020, police in Bellmawr, New Jersey arrested Ian Smith and Frank Trumbetti, owners of Atilis Gym, for resisting tyranny. A few months earlier, they had defied lockdown orders imposed by the administration of Democratic Governor Phil Murphy by reopening their business.

Smith contended that the lockdown mandates were unconstitutional and especially harmed small businesses.

We all remember how certain “essential” businesses, often larger ones, were allowed to function in lockdown regimes that compelled smaller, “nonessential” operations to close. Some states enforced such mandates more vigorously than others.

The arrest was a major production, complete with handcuffs, as if the gym owners were finally-​cornered mob bosses. The iansmithfitness Twitter account posted a video of the arrest, along with a message: “Welcome to America 2020, where feeding your family and standing up for your Constitutional rights is illegal.”

Murphy also seized the gym’s assets: $165,000, “done in the middle of ongoing litigation defending ourself against these, our 80 charges, the revocation of our business license.… This was never about protection, it was always about control.”

Smith and Trumbetti have been fighting the injustice all these years. Apparently, New Jersey officials could not see their way to dropping their pseudo-​case voluntarily and providing an apology, maybe even restitution.

Now, in May 2024, almost four years later, all charges and summonses have been dismissed. But the gym has not recovered the $269,000 in fines and court costs it’s had to pay out.

That’s a crime. And dysfunctional.

This is Common Sense. I’m Paul Jacob.


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nannyism national politics & policies too much government

Regs to the Chopping Block

Donald J. Trump started his presidency with a flurry of activity. One of the things he did was sign an executive order to reduce Americans’ regulatory load.

This move may have been the most important initiative the new president advanced. It led to an economic boom that was not all just smoke and mirrors and “stimulus.” Real factors were involved in the resulting progress.

Now, however, the economy is in tatters. Massive unemployment, rising real poverty. 

But this is not a normal depression. It was the result of the reaction to the coronavirus — largely by the states, but at the recommendation of Trump himself, as advised by Dr. Anthony Fauci. Trump now wants what increasing numbers of Americans want: a return to business and normal life. But “re-​opening the economy,” as it is called, is not going quickly or smoothly.

On Tuesday Trump signed an executive order to give his Cabinet secretaries broad permission to cut regulations, “instructing federal agencies to use any and all authority to waive, suspend and eliminate unnecessary regulations that impede economic recovery.”

“And we want to leave it that way.” 

Which is the most promising part of this. 

“Mr. Trump has made nixing regulations,” explains John T. Bennett in The Independent, “especially ones put in place by the Obama administration, a top priority during his over three years in office.”

We could call the nixing of the lockdown orders themselves a “freeing up” of the economy. To help ease over all the damage, also “freeing up” business from regulatory kludge could not hurt.

This is Common Sense. I’m Paul Jacob.


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property rights too much government

Zoned Out

There are ways of cultivating community standards without resorting to zoning and similar regulatory regimens by state and local governments. They have been studied, written about, and they can be found here and there around the country, though most famously in Houston, Texas.

But zoning’s the norm in urban and suburban communities.

Ask Marietta Grundlehner.

She had been running an online clothing boutique from her home in Fairfax County, Virginia, and has been forced to shut it down.

Well, a court has ruled that she must remove all her inventory from her home. You can have a home business in Fairfax, but not inventory of goods for sale.

Ms. Grundlehner had been earning, she said, about $30,000 a year as a “LulaRoe Fashion Retailer” in an industry billed by its online organizer as “social retail.” The ecommerce hub, lularoe​.com, makes an enticing pitch for its business model: “Find your joy and fulfillment by creating a positive impact in your community.”

But it was a neighbor who turned her in and sicced the local government on her.

That Fairfax resident sure did not think she was having a “positive impact” in their community.

Grundlehner hopes for a regulatory change to save her business, but Christian Britschgi of Reason has a word for that battle: “uphill.”

Still, online businesses are on the ascendency. Too many run afoul of zoning laws. And online entrepreneurship being the wave of the future, local governments might want to forget their old gentrification utopianism and meet the real world, the place where people actually live. 

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly free trade & free markets ideological culture national politics & policies too much government

Subsidizing Illegal Aliens

In The Mouse That Roared, a 1955 comic novel by Leonard Wibberley, a tiny English-​speaking country in Europe loses market share for its only export, a wine label, to a cheap American knock-​off. Seeking compensation for the loss, the duchy decides to do the only rational thing: declare war on America, and then, after the inevitable defeat, reap the rewards of reconstruction financing.

I was reminded of the book when reading about another of the Obama Administration’s subsidy programs, uncovered by Sen. Rand Paul. The program gives money to illegal aliens deported to their country of origin, El Salvador, to start small businesses.

Sort of a Small Business Administration program for deportees.

But Congress’s involvement is nil, and the SBA has nothing to do with it, either. The program, according to the Rand Paul press release, “is administered by the non-​profit Instituto Salvadorno Del Migrante (INSMI — translated to Institute of Salvadorian Migrants) and funded through a $50,000 grant from the taxpayer-​backed Inter-​American Foundation.”

It is not big money, certainly not by profligate Washington standards. Nor is the premise of the program likely to win it praise from anyone looking for a solution to illegal immigration. Indeed, the best way to describe the program is how Rand Paul’s team did describe it: “absurd.”

In The Mouse That Roared, the Duchy of Grand Fenwick makes a crucial mistake in its plan to profit from American largesse: it wins the war.

But some things haven’t changed since then. The American government throws around money absurdly.

And little countries make fools of Big America.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets too much government

Businesses Rate Governments

What do small businesses worry about the most? I mean, besides serving their customers?

Regulation — licensing in particular.

At least when rating government, owners of small businesses surveyed by Thumbtack​.com indicated that “licensing requirements were nearly twice as important as tax rates in determining their state or city government’s overall business-friendliness.”Thumbtack.com's state ratings in terms of small business concerns.

Yes, taxes are a burden. But regulations and licensing can be amazingly arcane and costly in many communities. Their burdens often kick in before you’ve made a dime, and, despite that, they can sneak up on you, with the heavy weight of bureaucracy descending like the proverbial brick ton.

Thumbtack’s page allows you to see how your state rates. Idaho and Texas come out on top, and my state, Virginia, is surprisingly good. “Blue states” (horrible term: sorry) tend to come out much worse. California gets a big fat F, scoring abysmally low in most categories.

No surprise: The most politically unrepresentative state in the union over-regulates!

Distrust the survey? Just talk to the owner of a small business — you’ll likely get corroboration. Tim Sutinen, a businessman from southwest Washington State, noted in his campaign for state office a few years ago that there were only a handful of licensed occupations in the Evergreen State during the economic downturn in the early ’80s. Now, a few decades later, there’s over a thousand occupations you need a license to work in.

No wonder the recovery stalls.

That’s not progress.

This is Common Sense. I’m Paul Jacob.