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Saturday, December 11, 2010

Homemade Christmas Card Makers Must Be Tasered

I have a friend, I'll call her Becky, who makes her living selling homemade greeting cards. Obviously, Christmas time is her busiest time of year. Or at least, it used to be. New laws and regulations are changing all of that, making it illegal for her to make an honest living. Want one of her beautiful Christmas cards? Too bad!

I called the city to ask why Becky was denied her right to vend. "Well, she didn't have a permit," they answered. I explained that she did. "Oh, she was trying to set up by the park, and that is illegal." I explained that I didn't know where she was trying to set up but that she had been specifically denied vending privileges because her greeting cards were homemade. Silence. When I asked them specifically for the law that prohibited the selling of homemade goods they refused to comment. Why should this be a difficult question to answer?

More laws and regulations are piling on us every day. Dig into it a bit and you'll discover that most of these new regulations are funded by big business. Take S.510 for example, the Food Safety Modernization Act. Open Secrets reports that big food businesses alone spent more than $84 million to get this little beauty passed. The sales pitch for these licentious laws and regulations is always the same -to tirelessly remind the public that we are at immediate risk of death by homemade goods without our dutiful government checking every article for traces of anthrax and hidden razor blades.

The reality of these laws, supposedly passed to protect, was to threaten a good woman at taser-point with some hard jail time. Becky spent $15 for a sales permit, specifically granted to her by the city of Escondido for "Homemade Christmas Cards", only to be informed once set up at the parade that her permit was illegitimate because new law prohibited the sale of all homemade goods. She was threatened with arrest if she did not vacate the premise within 15 minutes. Since Becky's son is borrowing her car, she was forced to pay an additional $10 premium for an emergency cab ride to flee the scene of her crime as her friend's ride would not be available soon enough. The city of Escondido said they would graciously refund her $15, but no sooner than 6 weeks.

Is such an affront to individual freedom really what the majority of people want in this country? If Becky were to be stood in the center of Petco Park with a big "H" hung around her neck to shame her in her crime of homemade goods, would the majority of people in this stadium really raise their hand in favor of locking her in a cage -and to shoot her if she dares try to escape?

Paraphrasing Benjamin Franklin, I suppose we deserve to be violated by those promising us security in exchange for our freedom. But I hope we have learned our lesson and are now courageous enough to take it back. Bring on the threat of homemade goods laced with hidden razor blades and anthrax; these dangers pale in comparison to the very real threat of an overzealous street cop with a taser gun and a pair of handcuffs.

5 comments:

  1. Ok, I know you just answered this, but I'm too baffled to come to terms with it. To be clear; the food safety bill ALSO prevents people from selling ANY homemade goods? How is that possible? I have countless friends that sell hand made hats, jewelry, and other crafts. How can this be true?? If it is, sign me up for your revolution.

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  2. This is very unfortunate, your friend should clearly not have been treated that way.

    I'm looking over the text of the bill as it passed the Senate (available here: http://www.govtrack.us/congress/billtext.xpd?bill=s111-510), but I'm not seeing text that expands the authority beyond the definition of "facilities" as defined in 21 USC Sec 350(b), which from its face does not appear to apply to your friend.

    Aside from that, this is only a bill that has passed one house, it isn't even law yet, and so can't be enforced. There must be more to this story.

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  3. Thanks for your comment Chris J. My initial reaction is the same as yours - they can't do this. Unfortunately I won't have an answer from the city until Monday to verify that S510 is in fact their justification. But as you pointed out, S510 cannot be because it is not yet law. I'll update this entry as soon as I can get a straight answer from the city.

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  4. Thanks for your post Monique. I also thought that S510 was only for food. There must be some mistake, but I can't get an answer from the city until Monday as pertaining to the particular law that they are citing.

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  5. If this can indeed be horrifically true, then what is to be said of hard work, self industry, and discovery, an idea of genius or ingenuity, not to mention the “American Dream”, which many of our forefathers had vision of? I am interested to hear what you find out. I have friends who own a boutique, where they sell skirts, hats, jewelry, and many other homemade items. Could it be that they are breaking the law by setting up shop and servicing the wanting public. Let’s hope it has not come to this!

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