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The Yellow Menace

There is still — and, alas, ever will be — a huge class of liberals who laugh and roll their eyes at phrases like “liberal fascism” and even “the road to serfdom”, but it is always worth noting to our friends on the Left that totalitarianism need not mean jackboots and purges. Totalitarianism is primarily about destroying the wall between the state and the religious, private, civic, and economic spheres of life. And this is a fine example of it:

A more wholesome American scene could hardly be imagined: a bunch of kids selling lemonade on a summer’s day.

But local authorities in Montgomery County, Md., saw things differently. They shut down the kids’ venture and ended up fining their parents $500.

The Marriott and Augustine kids had set up their stand Thursday right next to the Congressional Country Club in Bethesda, Maryland, where the U.S. Open golf tournament has been taking place–bringing thousands of thirsty fans to the neighborhood. The kids planned to send 50 percent their profits to a charity that fights pediatric cancer.

But a Montgomery County inspector said the children needed a vendors’ license to run the stand, according to a report from local TV station WUSA9. And after the stand proprietors allegedly ignored a few warnings, the inspector slammed the kids’ parents with a $500 fine.

More here.

New on The Corner. . .


COMMENTS   20

EXPAND  

just sayin
   06/18/11 14:58

Mr. Foster,
This was no typical kid's lemonade stand. The jack booted county thugs are hardly hunting down every kid selling lemonade on the side of the road.

A question, which of course won't be answered: Are you in favor of eliminating ALL licensing requirements for establishments that sell refreshments? And if not why is this operation any different? Simply because children are the operators?

If the parents of these children wanted them to set up a business they should have made sure all the necessary requirements were met.

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knockatize
   06/19/11 20:52

The only place the phrase "lemonade stand" appears on the county website, you get this marvel of jargon:

"Lemonade Stand License
Selling lemonade does require a license. The license can be obtained through the Department of Health and Human Services, Licensure and Regulatory Office located at: 255 Rockville Pike, Rockville, MD. 20850, 1st Floor. An adult would need to assist a minor in obtaining the license. The specific license that is needed is for food service facility that prepares or sells food on or off the premises. See knowledge base for Food Service Facilities (Restaurants) Licenses and Fees. License can be downloaded, see URL 1, or send a service request to the office if interested in pursuing a license."

Whew.

And the link from that page goes to a form that asks for the lemonade stand's federal tax-ID number, what sort of sewage facilities the lemonade stand will be using, the name of the lemonade stand's worker's compensation insurance company...

I kid you not. Read and weep:

External Link 

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   06/18/11 15:02

"Beware those in whom the impulse to punish is strong"

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   06/18/11 15:16

Or like using the CIA to spy on college professors who are critical of your presidential administration?
Come to think of it, that's even worse. That is a blatant violation of the existing law, an egregious abuse of power, and utterly corrupt. And that is evidenty just what the George W. Bush administration did.

Which is almost as bad as sending the President's national security aide to a breakfast meeting with a New York Times reporter to intentionally reveal the identity of an undercover CIA agent during wartime -- and then having that national security aide lie about it, repeatedly and flagrantly, to both the FBI investigators and to a federal grand jury.
Which the George W. Bush administration very clearly did.

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   06/18/11 16:31

In a different time, the story would be, "Local Inspector Missing."

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Jprev40
   06/18/11 16:41

So there should be know rules on permissible activities? Suppose they wanted to sell bbq and set up grill? How about live chickens with a chicken coop? Etc.

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   06/18/11 16:41

I believe there was a female Jewish female immigrant of Russian descent who once said that if you have to ask permission just to work your are no longer free, or something to that effect. I forget what her name is.

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sombreros divertidos
   06/18/11 16:59

How many of us would be upset about this if it were an adult run lemonade stand that was shutdown and fined?

I hope we support the rights of all, not just the rights of cute kids or those who send half their profit to charity.

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   06/18/11 17:01

I suspect we're not getting the full story on this and tha, ultimately, someone else is to blame. What seems much more likely is that someone--a vendor, a manager, whoever--wanted the kids removed and so called an inspector to do it or challenged a permit issue with "but those kids".

A lot of these powers are granted on the assumption that they'll be used against obvious nuisances and are broad enough to avoid people using some quaint technicality to escape coverage. Naturally, when the public stops being decent, these laws become enforced beyond their intent.

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   06/18/11 18:36

> The children include members of 2 Washington power families, the Marriotts (hotels) and the Augustines (Lockheed-Martin).

> Hughes noted the kid's lemonade operation was serving bottled drinks out of 4 large coolers under a 10X10 tent. "This is not what you would see when you picture a typical lemonade stand." she said.

Oh the fascism of it all! When the Marriott heirs can't set up a mini convenience store without a vendor's license, how long before all our necks are under Montgomery County's boot?

Anyway, the fine was waived after the "stand" relocated 100 feet, so I guess the republic endures. For now...

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   06/18/11 19:54

If they didn't have rich parents, they would have just been shut down and you wouldn't have heard about it at all. It's good that there are folks who have the resources to put up a fuss, and it's a good thing they did because they highlighted an important issue.

But the real shame of it isn't lemonade stands. It's when people in poorer communities, especially immigrants, are trying to set up businesses and are shut down by licensing restrictions and excessive regulations. These are usually proposed, of course, by the well establish cartel which doesn't want competition. It's when we have a 9% unemployment rates and people are not hiring because the health care costs of each new worker make it prohibitive.

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   06/18/11 20:48

I don't necessarily disagree. But burdensome licensing laws that protect established business interests is a loooong way from fascism, if not heading in the other direction entirely. Foster was being silly.

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   06/19/11 04:50

So now if your parents are wealthy, you should be held to a higher standard when trying to start up a business?

That, my friend, is true fascism: when the laws are applied differently to various groups, without rhyme or reason. Unfortunately, the culture of envy is pushing our nation in that direction.

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24 Fan
   06/18/11 18:44

Take THAT, pediatric cancer! That'll learn ya!

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   06/18/11 19:33

"Totalitarianism is primarily about destroying the wall between the state and the religious, private, civic, and economic spheres of life."

Then you will agree, yes, that Ms. Bachmann is a "totalitarian", since she advocates teaching her religious views in public schools?

Hoisted by your own petard, as they say.

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   06/18/11 21:19

"But burdensome licensing laws that protect established business interests is a loooong way from fascism, if not heading in the other direction entirely."

Actually, redfate, it isn't. You're the one being silly.

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MikeP
   06/19/11 06:39

Sorry, but I have no sympathy for these people. From the articles I read, they had set up in an area that was requiring permits from the commercial vendors. So, they were not selling on a quiet residential street, they were directly competing with folks doing this for a living and who were properly permitting. They had also set up their stand in an area that was resulting in traffic issues on the main route into the Open. Because of this traffic issue they were asked to move twice. They did not, and were fined as a result.
This isn't a case of overreach, this is the law doing what it's supposed to be doing. I'm just disappointed they rescinded the fine.

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   06/19/11 11:34

Horse whipping is appropriate for government officials like this.

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knockatize
   06/19/11 20:39

Congressional has been hosting Tour events for decades...and only -now- does the county have trouble with lemonade stands?

Basically, the county got caught flat-footed on this one. They have no clear permitting process for kids who want to set up a lemonade stand. Everything I see at the county website is aimed at professional operators and charities. The county wanted tax-ID numbers, 501(c)(3) paperwork...huh?

There -should- be some kind of extremely brief permitting process for lemonade stands, something simple like what kids do when they apply for a fishing license.

I note that the county was all too happy to take the permitting fees from the homeowners who wanted to turn their back yards into parking lots. I don't know how they work it elsewhere in the country, but I'm not aware of communities in Westchester (NY) ever allowing lawn-parking for the Buick Classics and the '06 Open. Fans parked at a lot in some office park and took the shuttle, end of story.

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Ned Flanders
   06/20/11 04:48

No, really.. totalitarianism means jackboots and purges.

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