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Lemonade Crackdown

In the past couple of months, police have put children’s lemonade stands out of business in Texas, Georgia, Wisconsin, Iowa, Pennsylvania, and Maryland. (There’s a great map, with links to the news stories, here.)

The kids have been taught a lesson, but it’s one we should learn, too: You can’t be an entrepreneur in modern-day America without bureaucrats giving you permission in the first place.

The costs of regulation today amount to $10,000 per employee per year for small businesses in the U.S. That’s why the advert where a little girl borrows her father’s phone to help run her lemonade stand and ends up running a multinational just can’t happen. The bureaucrats just wouldn’t let her do it without jumping through the costly bureaucratic hoops first.

That’s why businesses aren’t hiring. That’s why unemployment is still at 10 percent (except around the bureaucrats’ nirvana of Washington, D.C., where it’s 4 percent). That’s why the president’s revenues have dried up.

If we want to get America back to work, we need to lighten up on the lemonade stands, lighten up on small businesses, and stop the bureaucrats destroying free enterprise.

— Iain Murray’s latest book is Stealing You Blind: How Government Fatcats Are Getting Rich Off of You, new from Regnery. Get the first chapter here.

New on The Corner. . .


COMMENTS   25

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   08/03/11 15:59

But we need the regulations to protect people from bitter lemonade!!!!!

Once you need to ask for permission just to work you are no longer free.

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   08/03/11 16:08

I would seriously like to start my own restaurant. However, I checked into the red tape involved in starting one in conservative ol' Lubbock, Texas and quailed. Frankly, I'm amazed anybody would undertake the massive effort and expense to do so, particularly in a high-risk venture.

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   08/03/11 16:13

This was one of the lessons from the Minnesota shut down. What many people complained about was not a "vital" government service that was unavailable, but rather the inability to get one of the legion of petty bureaucratic permissions, stamps, licenses or permits that the government has randomly and irrationally set in the path of people going about their daily lives. Of course the enforcement agencies all remained full staffed so you could be sure of a fine if you tried to go fishing or set up your hair braiding shop without the bureaucrats' blessing.

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   08/03/11 16:20

The study's based on OECD data and doesn't limit the cost of regulation to incremental cost.

For example, if all tax regulations were instantly repealed and a simple, flat tax were implemented, there'd still be an enormous cost of preparing tax returns. It'd be less, but still enormous.

Likewise, if the alternative to federal regulations about flammability of children's sleepwear is to have voluntary compliance, the incremental cost isn't that great. And if the alternative instead is to have kids' sleepwear that goes up in flames . . . well, you catch my drift.

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complete curmudgeon
   08/03/11 18:03

Ah yes, flame proof pajamas. That's exactly the example Milton Friedman used in "Free to Choose". As I recall the substance is question was Tris, and the problem was that the regulators demanded its use and only later discovered the side effects.
External Link 

So the noble goal is so often offset by the unintended consequence.

As others have pointed out with the number of PI attorneys prowling our society and the intense competition in virtually every field there is more than enough impetus to keep businesses focused on quality.

I am not saying that we should have NO regulation. I'm saying that we long ago reached a point where incremental additional regulation is counter productive.

Further, an additional 68,000 Federal Register pages each year hardly comports with freedom by any definition

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   08/03/11 16:31

Tough luck, kids. You should have filed a notarized Form 672 with the Department of Revenue with the required $900 application fee thirty days before applying for a C91 permit ten days after receiving an approved temporary zoning permit from the Department of Urban Development not valid for more than 15 days after receiving an approval letter from the President of the County Land Appropriations Committee requiring 250 signatures from members of local community not 20 days after having the intention to set up that lemonade stand.

Lesson learned.

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 Chas
   08/03/11 16:48

idiot mikey b still speaking out his rear. ya think in our litigious world anyone will make those flame-thrower pj's that keep you up at nite? as a matter of fact when in history before over-regulation was there ever a epidemic of children's sleepwear bursting into flames?

the free market is a much better mechanism for taking care of most everything the gov't insists on regulating.

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   08/03/11 16:55

I think these regulations that strangle small businesses may be the most destructive of all government regulations (and the most potentially corrupt), but when I hear these whines about shutting down kids lemonade stands I immediately smell conservative troll bait.

It may be that the cases I've heard of are exceptions, but the ones I've seen posted on the Drudge Report that are called "kids lemonade stands", when you read the story and look at the details, aren't like anything I would consider a kids lemonade stand. i.e., kids pick some lemons in their backyard, make a hand painted sign, and sell it to neighbors at 50 cents a glass. These have been cases where kids are reselling products in areas where commercial street vendors usually operate illegally.

Again, what I've read may be exceptions, but every time someone uses "think of the kids!!!111!!!" to make a political argument, I immediately smell someone trying to feed me a "satan" sandwich.

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Jabb
   08/03/11 16:57

Wow, it's like people here are turning into ANARCHISTS or something *shudder*

:)

(Using the term properly, meaning "lack of government", rather than the more commonly Pavlov-ian reflex of "chaotic violence" which has nothing to do with the concept of anarchy).

Please read this everyone:
External Link 

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   08/03/11 17:11

I love a good lemonade stand. But what's with kids these days using the revenues to give to the SPCA or some other charity? Since when did it become inappropriate to sweat out an afternoon selling drinks (or, contraband as they apparently are now known) by the corner just to get some grab for yourself that you could blow on baseball cards or a comic book?

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   08/03/11 19:10

Fewer people carry cash and lemonade stand revenues probably haven't kept pace with CPI.

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WillDD
   08/03/11 18:30

I work for a private entity that has a fair amount of dealings with federal, state and local regulatory agencies. The governmental agencies are, in my opinion, often ridiculous in their positions. Furthermore, I think that it is not at all unusual for them to use the might of the government to force people and businesses to do things that they're not even required to do under law simply by application of the 500 pound gorilla principle.

That said, the idea that all businesses would turn out safe, high-quality products if just left alone seems pretty naive. I can think of the relatively recent case where the cemetary was burying caskets one on top of another and (I think) had other bodies who simply hadn't been buried properly. Also, the peanut-butter salmonella scare of a couple years ago, which appeared to be based on real problems.

More recently, a restaurant in the mall in which my office is posted an "F" on its health inspection. I had fortunately stopped eating there several years ago because the service was terrible. Nevertheless, it had stayed in business for years. It went out of business quickly after a second report was posted showing a "D."

Small businesses, in particular it seems to me, may be more vulnerable to the tendency to cut corners, and the reasons may run the range from a lack of revenue to poor management to bad legal or business advice. The problem with government agencies is that they take a one-size-fits-all approach to every issue, and they have no appreciation whatsoever for the costs imposed by their actions. Over-regulation is clearly a problem (although not the only part of the regulation problem) but doing away with governmental regulation is probably not the answer either.

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   08/03/11 19:14

A lot of these regulations are actually ways to raise revenue, not protect the public.

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 Lee
   08/03/11 19:21

Try construction:
External Link 

And I was only picking on a teeny-tiny minuscule piece of the pie you need to build anything.

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   08/03/11 20:14

As Mark Steyn might say "you'd better stay in compliance with the Bureau of Compliance!"

Agencies with the time and resources to raid a kid's lemonade stand (or charge the mom of a kid who rescued a woodpecker) are waving a flag that says "We're overstaffed and overfunded!!! Please cut our funding!!! Do it NOW!!!".

Now if our "leaders" would just see the flags.

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   08/03/11 22:10

Another possibility would be for small businesses to provide products or services that are sufficiently in demand relative to supply, so that the cost of regulation can be profitably included in the product price. Lemonade stands don't do that. But creating and running such a business requires management talent above the level of school kids. Anyone out there? No whiners.

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   08/04/11 01:55

Obviously taking action against a kid's lemonade stand is ridiculous but I have to saw the story here in Iowa contains a fact that isn't making a lot of stories. The lemonade stand was while that town was hosting RAGBRI which is a massive yearly, week long, bike ride across Iowa. During this event towns usually restrict private vendors along the route for safety of the riders and to help properly control/manage the large crowds of the event.

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wlpc
   08/04/11 11:06

Or you could look at it as a way the city fathers (and others?) could make a quick buck with a captive audience that they normally would not have.

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BryanC
   08/04/11 12:42

I don't understand how lemonade stands pose a danger to cyclists. Can you elaborate?

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PV
   08/04/11 09:29

There is a story behind the story here, for those who are careful to look. Several of the stands, if not most of them, were shut down because they were operating in areas where the government had a vested interest in selling permits, and several shutdowns seem to have been prompted by competitors who resented unregulated competition.

As someone who works in regulation, I can say with great confidence: much regulation is driven by cooperation between politically connected enterprises seeking protection, working with government agents seeking revenue. The politically connected enterprise gets a de facto monopoly (by way of an arcane and expensive regulatory process) and the government gets revenue (by extracting rents from the monopoly via special taxes and permits). What gets shut out is entrepreneurship, innovation, and job growth. It's an "everyone wins, except the general public" situation.

Again, I say this as a government regulator: regulation should be viewed with great suspicion by the general public, who should press government officials to provide clear and direct explanations about why any given set of regulations are needed and why market corrective forces will not suffice. Obviously, a few narrow areas like nuclear power and banking will require regulation, but as soon as regulators begin putting pressure on hair stylists and roadside food vendors, voters should put their foot down and demand that the free market - not regulators taking orders from politicians with connections to the business community - take precedence.

(Regulations should also have clear and broad exemptions for small businesses - given that the worst abuses of the public trust have been by the largest corporations, it makes no sense to have small businesses suffer for the crimes of the corporate titans.)

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