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August 31, 2010

“I Do Not Believe That the Economy of the Future of My State Will Be Built on That Industry”

From an article by the Associated Press (hat tip to Audrey Spalding):

Gov. Jay Nixon, who signed the legislation, has traveled the state promoting job expansions in other industries. He expressed little concern Friday about the potential loss of jobs for strippers and others in the adult entertainment industry.

“I do not believe that the economy of the future of my state will be built on that industry,” Nixon said.

If a person disapproves of the exotic services industry, then he or she may choose not to patronize those businesses. It is quite another thing, however, to prevent other individuals from engaging in voluntary market transactions.

The problem in Missouri is that the state government is propping up industries that are failing, and simultaneously squashing industries that are successful without subsidy in the private sector. Individuals and businesses should not be given special advantages over others — even if one economic activity (e.g., exotic dancing) is viewed as less glamorous or moral than another (e.g., filmmaking or computer services). Restrictions such as this one create inequality because they force unfavored businesses to compete at a competitive disadvantage in the marketplace. This invites corruption as a consequence, because the restrictions incite individuals and businesses to petition the government for special treatment.

If the state government in Missouri were serious about promoting economic development, it would stop attempting to pick and choose the economic activities that occur within its borders. This strategy didn’t work for the Soviet Union, and it won’t work for Missouri, either.

August 23, 2010

The Blogosphere Is Having an Unlicensed Conversation About Occupational Licensing!

There has been some great talk in the blogosphere about occupational licensing over the past week. Matthew Yglesias began the discussion, and Conor Friedersdorf, guest hosting at Andrew Sullivan’s Daily Dish, has joined in. I may be a few days late to the discussion, but I can ascribe that to two words: State Fair.

While some of the larger national think tanks regularly take on this issue, we here at the Show-Me Institute cover occupational licensing more than most other state-based groups. It is great to see people engaged in the conversation, and I hope they enjoy getting punched in the face as much as I enjoy throwing the punches.

There really isn’t a more accurate example of democratic failure than occupational licensing. It is public choice economics at its most concise. A small group of people stand to gain financially from a very narrow policy action, and passionately advocate for it. A large group of people stand to be harmed very marginally from that same issue and so don’t care about it enough to spend time and effort becoming informed and fighting back. Politicians measure the gains for them to be made from satisfying the small group (campaign contributions, union support, etc.) versus the fallout from harming the larger group (there’s generally no fallout), and — voilà! — an entire industry becomes regulated with a few votes and the stroke of a pen, while the only person who shows up to complain about it is some jerk like me. You grandfather in the existing practitioners (or exclude only a small portion of them), and put the screws to future practitioners and the general public, neither of whom realizes at the time that anything is going on.

The purpose of licensing is always the economic gain of those practicing the occupation to be licensed (the regulatory push never comes from the outside — always the inside), but advocates are usually smart enough not to say that. Instead, the arguments actually advanced in favor of licensing are twofold: safety and search costs. The safety argument might be legitimate for a few professions (i.e., drug testing for school bus drivers) but very quickly devolves into a love of the nanny state — unless you really believe that the threat of a bad haircut actually involves your “safety.”

The search costs argument was always wildly overstated. It assumes that we need the state to license heart surgeons, for instance, so you don’t have to check references on your own while you are having a heart attack. (This is sort of a bad example, given that I think doctors and nurses may be one field in which the benefits of licensing outweigh the costs, but stick with me.) This general argument fails in that the employer is unlikely to have hired an unqualified person in the first place (the hospital probably confirmed that the doctor graduated from medical school), and how often do people really hire someone cold? You get references for plumbers, electricians, pediatricians, etc., from family, neighbors, or friends who have used those people before, and who are willing to recommend them. License or no license, reputation and referrals are what keep people in business, or drive them out of it.

The scam artists who successfully operate in the underground economy and show up at your house to do the roofing right after the straight-line wind blows the shingles off won’t be stopped by licensing laws. Even if I thought licensing laws protected consumers by limiting scams, I still don’t favor giving the government more power over our economic lives and taking the responsibility away from individuals to make better choices by checking references, calling the Better Business Bureau, etc. Others might disagree, but the evidence that licensing improves quality and protects the public is lacking.

I could go on, but this post is long enough. It is great to see people participating in this debate. Now, as they told me during my very brief boxing career, keep your hands up. …

An Economic Bill of Rights?

Are people inherently born with the right to an important and well-paying job? How about a decent house? The author of a recent article in the St. Louis Beacon certainly thinks so. He advocates a larger government role in job creation and cites Franklin D. Roosevelt’s “Second Bill of Rights,” or a similar economic bill of rights, as the prism through which the entire economy should be viewed.

FDR’s Second Bill of Rights includes:

The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

The framers of the Constitution saw the need for a Bill of Rights as a means of protecting the people from an overbearing and oppressive government. They drafted a bill of negative liberties, or protections that define what the government cannot do. They gave no guarantee of housing, food, or employment because they saw the dangers that the notion of positive rights pose as a potential threat to liberty — the idea that, just by being born, people are entitled for others to provide them a comfortable life.

Because the government does not produce any wealth, even the most basic obligation to one individual must be paid for by taking from another. In order to guarantee one person a profitable job, a decent home, or adequate food, wealth must first be taken from those who have rightfully earned it, infringing on their liberty to do as they wish with their own money.

Unfortunate individuals who receive assistance do not receive those benefits because it is their inalienable right, but because it is irresponsible to let them starve or freeze in the streets. No one is entitled to anything that is not their own, no matter how basic of a necessity; however, it is the responsible duty of able individuals to help those in need through their charitable impulses.

Although the end result may be the same, in terms of the needy receiving necessary aid, there is a stark distinction between an unalienable right to something and the responsibility of an able man to care for their fellow man. The difference can be summed up in one word: liberty. The liberty of every individual to do as he pleases with his own money and resources. Although it is repulsive — and, at the very least, irresponsible — for an able individual to let those less fortunate starve, I have no right to infringe upon their liberty to do as they please with their own money.

This is by no means an argument against all government assistance. Obviously, the government cannot allow its citizens to starve or children to live on the streets, homeless. Rather, my objection is with the larger issue of entitlements justified through a notion of positive rights. When fully implemented positive rights lead to socialism, a concept that has been tried and found ineffective at growing economies, raising standards of living, or even helping the very poor. To paraphrase Margaret Thatcher, “The trouble with Socialism is that eventually you run out of other people’s money.”

August 20, 2010

Tonight: Panel Discussion on Recording the Police and Your Rights

I just want to remind everyone that today, at 6:00 p.m., the Show-Me Institute will be hosting a panel discussion with Liberty on Tour and the American Civil Liberties Union (ACLU), about recording the police. Recently, individuals in Maryland, Illinois, and Massachusetts have been arrested for filming either their or others’ arrests. In Maryland, police raided a motorcyclist’s home after he had posted video footage of a traffic stop on YouTube. Anthony Graber, the motorcyclist, faces up to 16 years if convicted of violating Maryland’s wiretap laws. The Illinois legislature has explicitly made it illegal to record an on-duty police officer without his or her permission. A man arrested for filming an arrest in Boston has recently filed suit against the city.

This panel discussion is our attempt to explore the issues of liberty at stake, as well as provide the opportunity for anyone who is interested to meet the panelists and to ask questions.

The discussion will begin at 6:00 p.m. TODAY at the Show-Me Institute’s office at 4512 W. Pine Blvd in the Central West End of Saint Louis.

The event is free, and snacks will be provided. However, because Liberty on Tour is traveling across the country, we suggest a $5 to $10 donation to help pay for the group’s travel costs.

Our star-studded panel includes:

If you have the time, please drop by, and don’t hesitate to bring questions! The panelists will speak briefly about their perspectives on recording the police, and then we will open up the discussion for questions from the general public. After about an hour of discussion, we will move the group to Sasha’s on Shaw for dinner and drinks.

If you can’t make it, you can send questions you’d like asked to info@showmeinstitute.org, tweet them to @showmeinstitute, or post questions on the event’s Facebook wall. Finally, we will film the discussion and post it online for those who cannot attend.

August 19, 2010

Another Troubling Case in Columbia

The Columbia Missourian ran a story earlier this week about allegations of police abuse at a convenience store last fall:

Ricky Gurley has opened up his firm’s private investigative files on a Sept. 28, 2009, incident in which police said area car salesman David Riley, 31, tried to rob an undercover police officer at a gas station and then resisted arrest.

The case concluded Aug. 9 in the 13th Circuit Court of Boone County when Riley took a plea deal of two years in prison for a felony charge of resisting arrest. [...]

According to video recordings and witness statements, Riley, along with local woman Desiree Kemp went to buy beer at the Ultra Mart at 2102 Paris Road. Riley and Kemp were leaving the store when Columbia Police Department Officer Chris Hessenflow started watching Riley. Hessenflow was working undercover with a teenager to see if the gas station was selling alcohol to minors.

Video surveillance from the convenience store, provided by Gurley, shows Riley standing at the passenger door of his car as Hessenflow walks toward the entrance of the store. When Riley noticed Hessenflow looking at him, police said Riley cussed at the officer and demanded his wallet — a claim Gurley said is ridiculous.

“How do you rob a guy from 15 feet away?” Gurley said. “What do you say: ‘Throw me your wallet’?”

The store’s surveillance video shows Hessenflow drawing his gun on Riley. Then, Riley gets on his knees with his hands behind his back, facing away from Hessenflow.

Although the video is partly obscured, Hessenflow can be seen kicking Riley to the ground. That, Gurley said, led an angered Riley to resist arrest when more officers arrived on the scene. Gurley also said Riley was not handcuffed soon enough; handcuffs could have prevented at least some of Riley’s resistance to officers, as well as some of his injuries.

The justice of the arresting officer’s actions hinges on three questions, in my mind. Did Riley demand the officer’s wallet? Did the officer identify himself as a police officer when he pulled his gun? Did the officer use excessive force to restrain Riley?

I strongly recommend that you watch the video for yourself and read Gurley’s two blog posts on the topic, so you can make an informed judgment of evidence on your own, but, to me, the hardest question to answer is the first one. Both Riley and Kemp maintain that Riley said something antagonistic — not a demand for the officer’s wallet, although the officer could have misheard him. As to the second question, however, three witnesses claim that the officer did not identify himself as a member of the police force: Riley, Kemp, and Kendrick Hardrick, who is wearing a bright blue jacket in the surveillance video. Finally, as far as I’m concerned, kicking a man in the torso when he is already on the ground qualifies as excessive force in almost all circumstances. Unless the officer can show evidence that Riley was an imminent threat at that point, he acted inappropriately.

There is probably more evidence from this story yet to surface, and it deserves further investigation.

Dispatch From the Fair

I am writing from the Missouri State Fair on my second and final day of representing the Show-Me Institute here. I have been impressed by the number of people who claim to agree with our message of less government, but judging by the prevalence of “Fire Pelosi” stickers, I worry that some of this backlash against government spending is based on nothing more than partisanship. However, most of the people who obviously dislike big government — no matter what party affiliation it wears — are vocally pessimistic about our ability to change the government for the better. Although restraining government may look hopeless at times, I believe pro-liberty sentiment is more widespread than we often suspect.

August 17, 2010

“Oh, I’m Not Here With These Fellas; I’ve Got a Pig in Competition Over at the Livestock Pavilion, and I Am Going to Win That Blue Ribbon!”*

SEDALIA — I am writing this from the Show-Me Institute booth at the Missouri State Fair! We are talking about individual liberty and limited government with all of the fairgoers.

If you are in Sedalia, stop by the exhibition hall between corn dogs to talk to us about free markets. For those of you who haven’t had a chance to stop by, here is a picture of our booth!

Show-Me Institute booth at the Missouri State Fair in Sedalia

* Title quote: Lenny at the State Fair, from That Thing You Do.

August 16, 2010

Is a Trash Case a Precursor to a Health Care Decision?

Last month, the Missouri Court of Appeals ruled that a St. Louis man cannot be compelled to purchase trash hauling service after he was able to demonstrate that he is a very diligent recycler and does not generate any trash. The Post-Dispatch had a story about the ruling yesterday. The trash plan for unincorporated St. Louis County was incredibly controversial about three years ago. It, along with ticket scalping, was one of the first major issues we debated and covered closely on this blog.

This is a very interesting ruling. I’m aware this ruling won’t actually establish a precedent for courts hearing lawsuits about the federal health care mandate (they’re in different jurisdictions, etc.), but it is still intriguing to note that one court has decided that the government cannot compel someone to purchase something for the public good.

Prior to the county’s trash plan, the law specified that you had to have trash service, but it was left completely up to the individual or neighborhood to acquire it. So, the man who won the lawsuit was probably technically violating the old ordinance for a long time, but nobody noticed or cared because he didn’t produce trash. Now, the hauler that exclusively covers his area wants his money. Thankfully, the court ruled in favor of the individual and against the county.

I think nuisance laws against allowing trash to accumulate on your property are sufficient legal powers for the county to enforce basic health codes against trash. If this man does not generate any trash, he should not have to pay for trash service. I agree with the appeals court ruling, and I wonder if future judges will think the same way about other goods and services. Replace “man who does not generate any trash” with “healthy 25-year-old person who does not need or want any health care,” and it will be interesting to see how the relevant cases are ultimately decided.

August 13, 2010

Free-Market Field Trip!

Last Wednesday, Show-Me Institute staff and interns ventured on our third free-market field trip. We went to Busch stadium to interact with one of the freer markets available here in Missouri: ticket scalping.

We assembled into four teams, starting out with either Cardinals tickets (two tickets normally valued at $39, although we bought them for $20 each) or money ($60). We each competed to try to improve our situation by engaging in voluntary market transactions.

Even ticket scalping can leave both parties better off! Without giving too much away, the video demonstrates a few key economics lessons, like information asymmetry — where one party has better information than the other. In this case, the experienced sellers understood the market much better than some of our teams did. Another lesson that comes up in the video is the idea of value: A ticket’s face value does not necessarily reflect how another party will value it, and thus it may be difficult to recoup a ticket’s nominal “worth” when selling it. Issues of supply and demand also came into play, as we were at a game on a hot day when tickets were not sold out.

Further lessons can be gleaned from the free-market explanations interspersed throughout the video. I encourage you to watch it!

August 12, 2010

How “Sinful” Budgeting Hurts Business in Missouri

Hiking tax rates on cigarettes and alcohol would negatively affect businesses in Missouri, so the fact that the editorial board at the St. Louis Business Journal is promoting this paternalist policy is perplexing.

Raising the tax rates on “sin” products would be particularly harmful to convenience and grocery stores close to the state border, because they would lose business to states that assess lower tax rates relative to Missouri. As a similar consequence of this policy, fewer people and businesses would locate to Missouri because the costs of living and doing business would be higher here. By keeping its tax rate low relative to other states, Missouri can help ensure that its residents will shop within the state, and it can incite individuals located near the border to shop here, as well. As a consequence, Missouri can generate a higher amount of revenue.

Missouri residents and businesses would be better off if the state government pursued alternative strategies to address the budget deficit than increasing selective sales taxes on cigarettes and alcoholic beverages (or on fatty foods, soda, and tanning). If it created a low-tax environment instead, Missouri would attract more businesses and individuals to the state, and they would contribute additional tax revenue. Alternatively, if the state government stopped carving out large sections of the tax base and subsidizing the favored few, it would have fewer expenditures to cover.

August 11, 2010

Walk This Way, Talk This Way

As we’ve discussed before on Show-Me Daily, Missouri residents enjoy lower tax rates on “sin” products (e.g., beer, wine, spirits, cigarettes, and gasoline) than residents in neighboring states. In an editorial published on Friday, the St. Louis Business Journal editorial board argued that Missouri should increase its tax rates on these products as a means to cover its $600 million budget deficit.

Although I disagree with many of the points made in the editorial, and intend to address them in a future blog post, I find the following to be particularly egregious (emphasis mine):

This is more than a matter of budget balancing: It’s sound public policy. Higher taxes are meant to be a deterrent to behaviors that harm individuals and society as a whole.

Laws and the judicial system — not higher taxes — exist to deter individuals from harming others and society as whole. If a person causes physical harm to another person or property, then he or she gets sent to jail. If a person happens to view a behavior (i.e., smoking, consuming alcohol) as destructive, then he or she can choose not to engage in this behavior and perhaps persuade others to abstain also.

Every activity is associated with some level of risk, and individuals must weigh the costs and benefits of these activities. If I chose to engage in an activity, I accept the risk as a free adult. If I drive my car to work, I could crash into another car. If I walk instead, I could fall through an open manhole and break my leg. If I frequent the beach, I may get skin cancer. If I eat fatty food, I could develop heart disease.

As Peter McWilliams argues in Ain’t Nobody’s Business If You Do (which we read recently in the Show-Me Institute’s book club), it’s not the role of the government to protect individuals from risk or negative outcomes. He argues:

As we take risks, bad things will occasionally happen—that’s why they’re called risks. At that point, we must learn to shrug and say, “That’s life,” not, “Why isn’t there a law against this? Why isn’t the government protecting me from every possible negative occurrence I might get myself into?” When we, as adults, consent to do something—unless we are deceived—we become responsible for the outcome.

August 10, 2010

Recording the Police and Your Rights: A Panel Discussion With Liberty on Tour and the ACLU

On Friday, August 20, the Show-Me Institute, along with Liberty on Tour and the American Civil Liberties Union (ACLU), will host an informal panel discussion about recording the police. Recently, individuals in Maryland, Illinois, and Massachusetts have been arrested for filming either their or others’ arrests. In Maryland, police raided a motorcyclist’s home after he had posted video footage of a traffic stop on YouTube. Anthony Graber, the motorcyclist, faces up to 16 years if convicted of violating Maryland’s wiretap laws. The Illinois legislature has explicitly made it illegal to record an on-duty police officer without his or her permission. A man arrested for filming an arrest in Boston has recently filed suit against the city.

These arrests raise interesting questions of privacy expectations, free speech, differing state laws, and, as Reason Senior Editor Radley Balko has noted, your right to petition the government. This panel discussion is our attempt to explore the issues of liberty at stake, as well as provide the opportunity for anyone who is interested to meet the panelists and to ask questions.

The discussion will begin at 6:00 p.m. on Friday, August 20, at the Show-Me Institute’s office at 4512 W. Pine Blvd in the Central West End of Saint Louis. Please RSVP either by email to info@showmeinstitute.org, by phone to (314) 454-0647, or by commenting on this blog entry.

The event is free and snacks will be provided. However, because Liberty on Tour is traveling across the country, we suggest a $5 to $10 donation to help pay for the group’s travel costs.

Our star-studded panel includes:

If you have the time, please drop by, and don’t hesitate to bring questions! The panelists will speak briefly about their perspectives on recording the police, and then we will open up the discussion for questions from the general public. After about an hour of discussion, we will move the group to Sasha’s on Shaw for dinner and drinks.

If you can’t make it, you can send questions you’d like asked to info@showmeinstitute.org, tweet them to @showmeinstitute, or post questions on the event’s Facebook wall. Finally, we will film the discussion and post it online for those who cannot attend.

August 4, 2010

Some Observations on Prop C

Yesterday’s primary election featured a statewide vote on Proposition C, otherwise known as the Health Care Freedom Act. The bill originated as a proposed amendment to the Missouri Constitution, but when it became clear that the bill could not be brought to a vote in the Senate, its proponents reached a compromise that would allow citizens to vote on it as a statute. The new statute is unlikely to have much legal effect, but it was touted as a way for Missourians to concretely express their opinions about the individual health insurance mandate that serves as the cornerstone for the federal health care reform law adopted by Congress earlier this year.

The Health Care Freedom Act passed with more than 71 percent of the vote, but this alone does not truly tell the story. Primary elections have a different dynamic than general elections, with lower turnouts that can be dominated by one party or another; a measure passing with 71 percent of the vote might not be surprising if, say, the party most likely to favor that measure had far more supporters going to the polls. And, in fact, about 64 percent of those who voted yesterday chose Republican ballots, while only 35 percent chose Democratic ballots. The Health Care Freedom Act was sponsored by and primarily driven by Republicans, and its target was a provision in a bill passed by a Democratic Congress and a Democratic President — so, given the turnout, perhaps the landslide victory for Prop C was just to be expected.

Not so fast.

Looking more closely at the data, it appears that a significant percentage of Democrats also voted in favor of Prop C, presumably indicating dissatisfaction with the individual health insurance mandate. How can we know? Just compare the number of Democratic ballots cast in the race for U.S. Senate (315,787) to the number of votes cast against Prop C (271,102). That means that even if we assume that every person using a Republican, Libertarian, or Constitution Party ballot voted in favor of the Proposition (an unlikely prospect), more than 40,000 people using Democratic ballots also supported the measure. In St. Louis city, at least 29 percent of those casting Democratic ballots voted in favor of Prop C (26,696 Democratic ballots; 18,989 votes against Prop C). In Kansas City, at least 20 percent of those casting Democratic ballots voted in favor of Prop C (20,534 Democratic ballots; 16,383 votes against Prop C). When one considers that it is likely that at least a small percentage of Republican, Libertarian, and Constitution Party voters voted against Prop C, that means that anywhere from 25 percent to 40 percent of Democrat voters statewide probably supported the measure.

There are limits to what yesterday’s vote can tell us. For example, are Prop C’s supporters opposed to all parts of the federal health care law, or just the individual mandate? At a minimum, though, it does seem remarkably clear that Missouri voters have demonstrated a broad and bipartisan opposition to the idea that Congress should force people to purchase health insurance.

July 30, 2010

Liquor Licenses as Weapons

Several weeks ago in a post about adult establishments, an interesting discussion about liquor licenses began in the comment section. (And I say “began”, because they sort of got out of control.) Anyway, while going through the news today, multiple examples of liquor license issues struck me as a good opportunity for a blog post. I say all this as someone who basically likes our liquor laws in Missouri. By most measures (taxes, wine import restrictions, market quotas, time limits, etc.) our liquor laws are pretty reasonable compared to other states. There are exceptions to this, but because eliminating liquor laws entirely won’t happen, the next best option is having rational, limited laws that accomplish a few goals (preventing minors from drinking), while allowing adults easy access to a very popular item: alcohol.

But anytime you give the government power to license something, it invites the opportunity for abuse. In St. John, a suburb of St. Louis, a restaurant entrepreneur will have to wait a few more weeks to know whether he can sell alcohol at his restaurant, because one councilmember does not want him to have a liquor license. Now, this may not be that big of a deal, because it appears he will get the license at the next meeting, but it is still a delay in his business plans.

A worse abuse of power was also featured in a Post-Dispatch article yesterday: A liquor license inspector has been charged with bribery. He attempted to force a prospective bar owner to pay him off and give him a job in order for the owner to get the license. Thankfully, the bar owner was able to obtain the license anyway (evidence that it is not all that hard to get a liquor license here), but this is further evidence of the inevitable abuses that come from government control.

I pointed out a moment ago that it is not all that hard to get a liquor license here. Well, that’s not true if you live in the city of St. Louis’ 20th Ward, where the local alderman decided (several years ago) that he does not want any more bars or liquor stores. If you have to have a liquor license process (and we’ll realistically have one whether we like it or not), it needs to be a public, evenhanded process, not reliant on whether or not one elected official approves it.

There are abuses in Kansas City, too. The Pitch has a story on the liquor licenses being suspended in restaurants that have been caught allowing smoking. This is terrible, and most aptly demonstrates the title of this post. If you have a law banning smoking in public establishments, the punishment should be a fine, not the suspension of an unrelated item. At the bottom of the Pitch article, you see examples of suspending liquor licenses for acts that at least relate to alcohol (one of which is actually important enough to warrant some type of punishment).

I won’t get into the dispute over liquor licenses and violence at the clubs in downtown St. Louis. This post is long enough. One good thing about our liquor laws is Missouri is that we generally (with exceptions like the 20th Ward) don’t have numerical restrictions on total licenses in an area, which is usually the worst part of any licensing system. But any system can and will be abused. The most important change we need to liquor laws in Missouri is to eliminate the ability for one individual to block a potential license all on their own — be it an inspector or an elected official. Requiring that all applicants get a vote of the full legislative body could be a good start.

July 21, 2010

Should the State of Missouri Take Children Away From the Blind?

Quick answer: of course not. But let’s try to move beyond the anger many of us likely feel when reading this story in the Kansas City Star, and instead discuss the question. To sum up quickly, the Missouri Department of Social Services removed a newborn from her parents — both of whom are blind — two days after her birth. Yesterday, after 57 days in state care, the state placed the baby back with her parents.

Did the state make the right decision to return the baby in the end? (I certainly think so. I’d be interested to hear from anyone who disagrees.) Should the state have taken the baby away in the first place? (I don’t think so, although some might think the question of the baby’s safety required some type of action.) Should the state have the power even to consider doing what it did in the first place? In other words, should the state have the power to take a child away because of the fear of potential harm (let’s assume it is a legitimate fear), but absent any actual harm?

I think the third question gets tougher. That is not to say I agree with anything the state did here; I am merely posing the question. Should the state have any power whatsoever to remove a child from its parents because of the potential of harm, but before any real harm occurs? The problem here is that we can all come up with hypothetical situations that would probably lead to an answer of “yes” (i.e., the parents are meth addicts), but as soon as you say “yes” you are granting the state the right to make judgment calls. Inevitably, they will at some point use that judgment improperly, just like they did in this example. Let’s discuss this in the comments.

I have a few points I want to make — and I write all of this as a fairly new parent, myself. I think this statement by the mother is one of the most honest statements I’ve read in a while:

“I needed help as a new parent, but not as a blind parent,” Johnson said.

Being a new parent is tough. It was certainly tough for me, and I am about as perfect a physical specimen as you will ever lay eyes on. I can’t fathom being a parent in the situation these parents are in, but I feel certain that the sense a parent has for the well-being of their children will trump the issues those children may face. Practically speaking, I would bet that a home designed for the blind would be just as well baby-proofed as anywhere. If other parts of their lives are a little trickier than they are for the sighted, those are the challenges of life. For example, letting a two-year old Mikaela run around at the park will be hard for parents who can’t see the child. Do they use one of those child leashes? Only go to parks with fully enclosed fencing, like DeMun park in Clayton? Take family or friends along with them?

I don’t know the answers to those questions. I do believe that the family’s love will overcome all these obstacles, and I think the involvement of the state here has been an outrage.

July 20, 2010

The Ban on Listening to the Radio While Driving Moves Forward

A few months back, I merely joked that after we had banned texting, phone calls, shaving, and more while driving, the next logical step — to protect the children — would be to ban listening to the radio while driving. Somebody didn’t get the memo that it was a joke, because a study just came out claiming that listening to your favorite sports team can be distracting and dangerous while driving. This is not a joke. The Kansas City Star has an article on the deadly radio epidemic here.

As absurd as this may be, I think we all know that some nanny-state politician somewhere will read this study, want to make the world a safer place, and attempt to implement some type of radio ban. And, sure enough, it will be met with ridicule at first, and go nowhere. But a few years after that, somebody will cause a major accident because they overreacted to a Tigers touchdown, or, worse yet, because they tried to change the radio station, and suddenly it will become a serious issue — one that must be dealt with because “public safety” demands it. And then, the next thing you know, radio controls will be mandated for the steering wheel, and internal car radio volumes will be legally controlled (we already have noise ordinances for the external volume), and sometime around 2025 I predict an outright ban on car radios. This study is just the start of an entire process.

July 19, 2010

Happy Birthday, Missouri Constitution!

One hundred ninety years ago, on July 19, 1820, Missouri’s founders signed the state’s first constitution. It was far from a perfect document — it permitted the abhorrent practice of slavery and prohibited free blacks from moving into the state, among other deficiencies — but the Missouri Constitution of 1820 represents the beginning of self-government and constitutional protections for liberty in this geographical region. As such, it is a critical milestone on the path toward liberty for all Missourians. And, at roughly 9,400 words, it makes for far easier reading than our current 70,000-word monstrosity. I hope you’ll consider looking it over, or — at a bare minimum — that you’ll take a few moments to consider the words of Article XIII, section 16, which provides in part: “That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.”

July 15, 2010

Dave on Don Marsh This Morning

If you happen to be in the St. Louis area and near a radio (or at a computer pretty much anywhere) today around 11:00 a.m., please consider tuning in to KWMU 90.7 FM, where I’ll be a guest on Don Marsh’s Legal Roundtable. We’re planning to discuss a wide range of topics, including recent U.S. Supreme Court decisions, the ruling in the NorthSide redevelopment case here in St. Louis, and some other fascinating and timely legal issues.

July 14, 2010

Developer Should Bear Risk of Failure

I was pleased to see that the Post-Dispatch ran a letter to the editor today that I wrote in response to its recent editorial calling for St. Louis officials to renew efforts to subsidize the NorthSide redevelopment plan. This is the text of the letter:

Developer Should Bear Risk of Failure

In responding to Judge Robert Dierker’s ruling that St. Louis officials lacked authority to offer hundreds of millions of dollars to subsidize the NorthSide redevelopment plan, the editorial board, in the editorial “Celebrating Decline” (July 12), implies that the plan can proceed only if the city provides the anticipated subsidies. The developer’s own estimates indicate a belief that he will realize a profit of at least $251 million even without those subsidies.

Nothing in the ruling prevents the developer from pursuing his quixotic vision or from enjoying any profits that might result from its success; rather, it requires that, like all other entrepreneurs, the developer must personally bear the risks of failure instead of pushing them onto the taxpaying public.

Dave Roland — St. Louis

Policy Analyst, Show-Me Institute

More on MoDOT and Local Control of Roads

Just yesterday, I wrote about the loathsome move by the itsy-bitsy, teeny-weeny city of Charlack to install speed cameras on I-170 in St. Louis County. We’ve had a discussion in the comment section of that entry about the closely related issue of what happens when the owner of a road (in this case, the state of Missouri) and the city it goes through (in this case, Charlack) disagree on a policy, such as a speed limit or cameras.

As if on cue, today’s Post-Dispatch has a story about a disagreement between St. Charles County and MoDOT regarding bicycle restrictions on state roads within St. Charles. One councilman, Joe Brazil (I have had the pleasure of meeting him, and we have praised him here in the past for his stances against annexation and TIF abuse), wants to ban bicyclists from certain state roads in the county. MoDOT is opposed. My purpose here is not to discuss this specific issue, but rather the process. Nonetheless, I don’t support banning bicyclists from any roads other than interstate highways, and I have to point out one comment in favor of the proposal to ban bikes by someone who, understandably, has a personal interest in the matter:

Among supporters was Stephen East of Cottleville, whose 16-year-old daughter was seriously injured in a 2003 accident on DD when the vehicle she was driving topped a hill and encountered a bicyclist in her lane. East said she swerved, ran off the road, hit a tree and was thrown from the car.

“Public safety trumps personal rights,” East said.

No, sir, it doesn’t. And it is exactly this far-too-common belief that our safety is more important than our rights that is causing us to lose our rights to safety zealots via death by a thousand cuts. I give you helmet laws, seat belt laws, closed swimming pools, and the fact that organizations can no longer just have a bake sale or parish pot luck because health regulations forbid food cooked at a home from being sold or given away elsewhere. Because, you know, that’s “dangerous.”

But I digress. MoDOT says St. Charles can’t enforce the ordinance because the Highway Commission won’t approve it. MoDOT says it simply won’t post the signs telling people about the law — making it invalid under state law, which specifies that traffic rules must be properly posted for people to see. So, if St. Charles passes the ban and MoDOT won’t allow the county to enforce it, there will be some sort of court challenge. That might be the only way to answer the question of who has final say about roads — the governmental jurisdiction that owns it or the governmental jurisdiction it passes through.

In my opinion, the final say on traffic laws should belong to the jurisdiction that builds, maintains, and “owns” the road, if for no other reason than consistency. Hopefully, this will be further clarified soon, and hopefully in a way that does not allow cities like Charlack to do whatever they please on state or county roads.

I’d be delighted to see a statewide ban on things such as red light cameras and speed cameras on all roads. As the laws are currently written, though, I don’t think there is any doubt that cities can do whatever they want on city roads. (Thanks to Combest for the link.)

July 13, 2010

Speed Cameras Are Detestable

The Post-Dispatch reports today that the city of Charlack is installing speed cameras along I-170 in near-north St. Louis County. The city is installing the camera on a state-owned bridge to give tickets for speeding on a federal/state highway. The mayor of the town of 1,431 people must think the rest of us are morons if he actually expects anyone to believe this:

Despite criticism that cameras are aimed at generating revenue, [the city's mayor] said Charlack passed a budget that did not count on camera fines. He said the ultimate goal is to phase out the photo program once motorists regularly drive more slowly through town.

The idea that the city will phase out the cameras once people drive more slowly is perhaps the most unbelieveable statement I’ve heard a politician say in a long time. And who cares if they passed a budget that did not count on camera fines? All that means is that they can spend the money however they want once it starts flowing in.

I have argued that the many small cities in St. Louis County should continue to exist as long as the citizens want them to. Here is the conclusion to my Government in Missouri study:

Missourians have chosen to have a large quantity of smaller government units. They have also chosen to have a large number of elected officials, representing smaller areas than the national average, so that the citizens may be in closer contact with those officials and monitor them more effectively. Economies of scale can be exploited in larger governments, as shown in the graph of per-capita spending for class three counties, but the efficiencies and benefits of larger government are less common and less significant than often supposed. The assumption that larger, less fragmented government is a more capable and efficient provider of services does not stand up to initial analysis and is not supported by the research.

But behavior like installing speed cameras, which is nothing more than a technologically advanced version of St. George–style speed traps, makes me question that once again. I would certainly favor legislation at the state or county level to forbid these types of cameras on the road — at the very least, on state or county roads.

I believe that speed cameras, just like red light cameras, are nothing more than a giant scam. I also believe they violate our rights — most importantly, the right not to be tracked by cameras every moment of your life. I am confident that would have been the Eleventh Amendment included in the Bill of Rights, if cameras had been invented yet.

July 12, 2010

A Free-Market Journey

While running errands last week, I was witness to an interesting phenomenon twice over. First, I passed a Walgreens that used yard placards to advertise $35 camp and sports physicals at their in-store clinics. Amazing! How rarely it is that one sees medical services competitively advertised with the true price right up front. Plus, it looks like customers can walk right in without insurance and without appointments, much like going to a restaurant and paying for a meal.

On the topic of food, my next stop along my journey was to grab a bite to eat at Bread Co. While scanning the menu on the wall, I noticed something I hadn’t ever seen before in Missouri — the calorie counts of all the food posted right next to the offerings. Amazing again! Free information at my disposal to make a decision about my health.

Why get excited over something so mundane? For one, there was a free exchange of useful information. The price system — much like the nutritional information system — is an amazing way of communicating information quickly and accurately. Second, in both instances the information was freely provided. Missouri restaurants, unlike some in New York City, are not required by law to include caloric information on their menus. But businesses here are still free to post that information as upfront as they’d like.

Best of all, businesses that choose to be more open with their information freely elect to bear the costs of collecting that information. The burden is usually on the customer to sort out the nutritional value of her food, but in some cases it may be in a restaurant’s business interest to display information more explicitly, or even to be more charitable. The result is a free and fair exchange of information or money that leaves both parties better off.

Ultimately, the most fascinating part of my journey was the fact that the businesses and I were free to choose. The businesses chose to offer certain services and bear those costs in the hope of attracting or retaining more customers. For my part, I could have purchased a sports physical if I wanted, but I didn’t need to. I could have purchased the healthiest sandwich on the menu, or the least healthy. I could have ignored the caloric content completely, and ordered dessert for dinner. No one got to tell me what to order, and I could have left the restaurant altogether if I had wanted. Information freely available at my disposal helped shape my decisions.

As usual, the more freedom and information we have as a society, the better choices we can make for ourselves and those we care about. And that’s always something to get excited about.

July 1, 2010

Can We Tax the Sun Now, Too?

Phase one of the federal health care reform starts today! Those who indulge in a certain activity that could increase the likelihood of cancer will feel the effects on their wallet: tanning salons are now subject to a 10-percent tax that is meant to fund further insurance coverage expansion.

This can be seen as a form of Pigovian tax, which raises the costs of certain activities in order to correct for social costs or negative externalities that are not covered in the market price. In this case though, the externalities of tanning beds are internalized: If I choose to tan, I accept the increased risk that I may get skin cancer. If that were to happen, my insurance company and I would have to pay for the cost of treatment. (And it could be that my insurance company chooses to raise my premium if I indulge in risky behaviors, which is their prerogative.) One could argue that a hypothetical person with tanning bed–induced skin cancer could end up costing others in medical bills, but if that were the issue, the problem would lie in the structure of health care provision, not natural externalities.

What’s next? Should we impose more taxes on roller blades, lest I skin my knee or break my ankle? Or junk food? If we want to really get to the root of what causes skin cancer, shouldn’t we be placing the blame where much of it belongs: the sun? It wouldn’t be the first time someone proposed legislation against the sun.

Reduce Agricultural Subsidies to Reduce Waistlines

According to a study cited in an article in the Wichita Eagle, obesity rates are increasing in Missouri, and faster than the national average.

The author of the study says that the rising rate is largely attributable to the fact that snack foods and soda are priced lower than healthier foods. He proposes that:

[...] there is more that federal, state and local governments can do to reduce obesity, including taxing sugary drinks, providing incentives to grocery stores that locate in underserved areas and requiring restaurants to clearly label nutritional information on their menus.

Neither the article nor the author of the study discusses the fact that the federal government heavily subsidizes the production of corn, which significantly reduces the market price of starchy and sugary foods to consumers.

Instead of subsidizing the production of a good, and then taxing the consumption of the ensuing unhealthy products, it would be more efficient for the federal government to remove the subsidies entirely. This would cause the price of sugary and starchy foods to increase relative to other foods. Consumers would face a greater natural incentive to eat healthier substitutes like fruits and vegetables because they would be relatively less expensive. This would benefit low-income people in particular, because they pay a greater percentage of their income for food, so eliminating corn subsidies could help to reduce the difference in the rates of obesity across income levels.

As contributors to this blog have argued previously, an individual’s waistline is the responsibility of the individual, not of the government.

June 30, 2010

Trade Codes and Rent Seeking Are Hot in Missouri Tonight

St. Louis County, the city of St. Louis, and Kansas City are all seeing examples of preferred legislation for favored construction trade groups. Thankfully, some of the examples have not gone forward, but others have.

Let’s start in Kansas City, where the city council appears set to establish new code requirements for doors. That’s right — doors. Apparently, the incentive we all have not to get robbed isn’t good enough in KC; now you’ll be subject to mandates to install special doors on new homes, which will raise the cost of housing in KC (although probably only marginally). At least they got rid of one bad part of the proposal:

[Councilwoman Cathy] Jolly brought the idea to the council in April, but encountered resistance from some council members who worried that some of the new code requirements would give a competitive advantage to an Overland Park company that specialized in a device to reinforce door frames.

Jolly insisted she was not trying to play favorites, and the latest version of the ordinance deleted language aimed at a particular device or specification.

I still think the reinforced door requirement is unnecessary, but at least the most “rent-seeking” aspect of the proposal was removed.

On to St. Louis. Before I criticize, I shall praise. There was an insanely obvious example of rent-seeking this month as the fire sprinkler industry attempted to get a county code passed that would require a comprehensive fire sprinkler system in every new home built in the county. I give both the sprinkler industry and the union credit for not even trying to deny the obvious benefits to them. The next item will get no such credit. The article features this quote from the president of the Home Builders Association of St. Louis & Eastern Missouri:

“The sprinkler industry has been basically advocating mandatory sprinklers in all new homes for probably 20 years and realized, ‘We can’t sell this to the general public, so let’s focus our efforts on convincing the fire service community,’” he said.

Mike Mahler, business manager for the 500 members of Sprinkler Fitters Local 268, conceded [the] point but said that did not mean residential sprinklers were not a good idea.

“We got the ball rolling on this because this is a great product,” Mahler said. “We educated the fire marshals: Here’s what sprinklers can do, here’s how they can save lives. And the fire marshals carried the ball from that point on.”

I commend the St. Louis County Council for removing this requirement from the new building code. Mandatory sprinklers are not needed for safety in the county and were properly taken out of the bill.

But on the other hand, the council seems set to approve a new licensing requirement for residential HVAC workers in St. Louis County. The city of St. Louis just passed the same requirement in April. Jefferson County is supposedly going to consider it later this year. Wherever it passes, it’s bad. This type of licensing requirement is a totally unnecessary handout to current HVAC contractors who want to push current and future competitors out of their way. It is “rent-seeking” at its worst. I testified against the bill yesterday at a committee hearing. At least two of the councilmembers asked some terrific questions of the public works director, and appear set to vote against it — although it will still probably pass. One of them summed up the real reasons behind the move in the a Post-Dispatch article about the licensing proposal:

“There is no evidence of a dangerous situation,” [Councilman Greg] Quinn said after the committee meeting. The licensing “was not generated by the public. It was generated by the industry to protect itself from competitors and increase profit,” he said.

To sum up, the makers or installers of doors, fire sprinklers, and heating and air conditioning units have all sought protective measures from local government. The same thing happens all the time at the national level, and it is one of the most depressing aspects of democracy.

June 22, 2010

The Smoke-Free Cigar Bar and the Fully Clothed Revue

The Wall Street Journal recently highlighted some of the possible effects, including increased unemployment, of a bill on the governor’s desk concerning strip club regulation in Missouri. Similarly, Christine Harbin’s post earlier this month highlights some further potential economic ramifications of S.B. 586. Among other restrictions, included in the bill is a requirement that clubs close by midnight. There are further problems beyond the economic impact on those Missouri employees affected, though.

Tightening restrictions in Missouri gives an automatic boost to the strip club industries along Missouri’s borders, which in some cases may be even more unsavory. Closing the Missouri clubs earlier than in other states will also unwittingly create more post-midnight (including cross-river) traffic — a public safety concern that effects more people than the clubs’ patrons.

Well-intentioned measures frequently have unintended consequences.

Consider Springfield’s proposal to ban smoking in workplaces. Most workplaces are smoke-free by choice, but some businesses — like cigar bars and hookah lounges — are built around smoking customers. Although it’s likely that the ordinance will make some exceptions, those exceptions themselves create a tilted playing field for competition.

If you don’t like strip clubs and smoking (and I certainly do not), the simplest solution is not to smoke and not to patronize strip clubs or smoky bars. This an example of how the over-regulation of an industry potentially creates conditions favorable to further problems — while solving none of those it was intended to solve — and, in the process, harming the livelihoods of people who have elected to work in affected industries (after all, erotic dancers need to eat, too).

The fairest (and most effective) way to kill an unsavory business remains not to patronize it.

June 16, 2010

Red Light Camera and Surveillance Camera Discussion Now Online!

If you missed the discussion about red light and surveillance cameras that the Show-Me Institute hosted on June 9, you can now watch the video online. Both Saint Louis city Alderman Antonio French, who represents the 21st ward, and Missouri Sen. Jim Lembke, who represents part of south Saint Louis city and south Saint Louis County, answered questions from our crack intern moderator Martha King and attendees:

Policing by Camera, a panel Q&A – Show-Me Institute
from Show-Me Institute on Vimeo.

French has spent nearly a year trying to get surveillance cameras installed in some of the high-crime areas of his ward. He maintains that the cameras will help police officers identify criminals, while deterring crime.

Lembke has argued against the use of red light cameras. The cameras, he says, violate due process because the owner of a car seen running a red light is presumed guilty — even if the camera cannot identify the driver.

If you are interested in how our local elected officials view the trade-offs between liberty and security, I encourage you to watch this video. Both the moderator and the public asked probing questions, which Lembke and French answered thoughtfully.

I hope that we can host similar, engaging discussions in the future. You can check back on this blog, join our email list, or become a fan of the Show-Me Institute to get updates about future events.

June 15, 2010

Smoke Screen Arguments

Yesterday, Martha King made a liberty-oriented argument against cigarette taxation, noting that cigarette taxes are imposed by a majority (nonsmokers) on a minority (smokers). A study in The Public Opinion Quarterly supports her conclusion; it found that where cigarette taxation is involved, individuals are self-interested. Nonsmokers favored cigarette taxes far more than smokers did. The majority choose to impose a tax on the minority, in many cases using moral or economic arguments that the use of cigarettes leads to poor outcomes.

The Daily RFT blog picked up on her post, but didn’t seemed particularly swayed by an argument for liberty. I had a conversation yesterday morning with my coworker Abhi Sivasailam, who suggested an efficiency argument against taxation, and pointed me to a National Bureau of Economic Research working paper titled “Cigarette Taxation and the Social Consequences of Smoking.” An argument that many people make in their attempts to justify cigarette taxes is that such a tax helps to internalize the additional costs of smokers — but this study concludes that the societal cost is already internalized.

From the study’s abstract:

Detailed calculations of the financial externalities of smoking indicate that the financial savings from premature mortality in terms of lower nursing home costs and retirement pensions exceed the higher medical care and life insurance costs generated. The costs of environmental tobacco smoke are highly uncertain, but of potentially substantial magnitude. Even with recognition of these costs, current cigarette taxes exceed the magnitude of the estimated net externalities.

So, if the costs of smoking are already largely internalized, imposing additional taxes on cigarettes is inefficient. It’s also worth pointing out that cigarette taxes are regressive, and any argument that holds the state should appropriate money from smokers to pay for other programs places an undue burden on a vulnerable group.

Is it horrible that people die from smoking cigarettes? Yes. Is it horrible that people die in automobile accidents? Yes, but that doesn’t constitute a rationale for taxing cars out of existence, or cupcakes, or the many other things that people use and enjoy that can also contribute to future poor health. If free, consenting adults choose to smoke, despite the known risks, it is their prerogative.

June 11, 2010

Milk Does a Regulator Good

The Christian County Health Department just did what regulators are best at: protecting us from ourselves because we are all stupid and can’t make our own decisions. The Springfield News-Leader reports that Christian County has banned the sale of raw milk within the county. We here at the Show-Me Institute have written about raw milk before. According to the Springfield News-Leader, the county’s health board (not the elected county board of commissioners, just the appointed health board) went even further than state law required (not that I agree with the state law in the first place) and issued a wide-ranging ban of the sale of raw milk at markets, even though it is perfectly legal to consume raw milk if you do it at your own house.

In my opinion, the only law needed is that the milk in question must be clearly labeled as unprocessed, or “raw.” When that information is available, adults can make their own choices.

The News-Leader article is very good, and contains some great quotes. And by “great,” I mean “infuriating.” Check out the nanny state in action:

The board said allowing unregulated dairy farmers to sell to the public was not in the interest of the public they are charged to protect. Without regulations or testing, no one would know if the raw milk was safe.

Check out the local health department version of “we had to destroy the village in order to save it”:

Though consumption of raw milk is legal, board member Aaron Grier said the ban could help people get more informed about the farm where they’re buying it.

We have to ban it so we can we be sure you want it! And here is where they went even further than state law in making certain that people in Christian County don’t get to make decisions that affect themselves:

However, the board voted to ban all raw milk sales and distribution, including Grade A permitted raw milk, which can be sold to end-consumers, under state law.

I presume that the elected county officials have the capacity to overrule the appointed board. I hope that the citizens of Christian County bring these concerns to the elected board, and I wish them luck in changing this absurd decision.

June 7, 2010

Ain’t Nobody’s Business if You Do

The Columbia Daily Tribune published an article about the opposition to SB 586, a bill on Gov. Jay Nixon’s desk that places restrictions on the erotic services industry. Although this effort is probably well-intentioned, it would have negative economic ramifications.

First, it could negatively affect 3,000 jobs statewide, according to the article. These 3,000 jobs don’t require subsidization from taxpayers, quite unlike the 600 jobs that the IBM service center has promised to create. The government should not favor certain occupations over others (i.e., computer technicians over strippers). Furthermore, these establishments provide employment for workers who are low-income and low-skilled, so restricting them would negatively affect this group. Additionally, because the bill outlaws contact between dancers and customers, such as tipping, a dancer’s income may decline.

Second, if the state government places these restrictions, the government will see a significant reduction in revenue. From the article:

[T]he Association of Club Executives [...] says the note attached to this bill — $100,000 — grossly underestimates the loss in sales tax, income withholding and other costs to the state. They claim that if adult businesses are restricted as proposed, at least 60 percent of them would close, costing the state about $2.7 million in lost sales tax and $720,000 in lost state withholding taxes and would put about 1,800 people out of work.

This is another striking contrast from the aforementioned IBM service center, which will be located on tax-abated property and will therefore contribute no revenue to state coffers.

Additionally, as research analyst John Payne has previously argued, it is likely that some individuals would seek out substitutes, such as pornography and prostitution — perhaps even rape.

It would be beneficial if the government didn’t stop willing buyers and sellers from engaging in voluntary transactions in the marketplace. If a person happened to disapprove of these businesses, then he or she can choose not to patronize them and perhaps convince others to follow suit. Because this behavior does not cause physical harm to other people or their personal property, however, the government should not be involved. The scope of government should not extend to regulating the behavior of consenting adults in strip clubs, in sex stores, or in their own bedrooms.

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