John Stossel’s Illegal Everything
John Stossel on how selling lemonade and everything else is becoming illegal.
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John Stossel on how selling lemonade and everything else is becoming illegal.
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March 29, 2012
State Representative House District 5 Doug Cox
Lemonade stand economics
My neighbor’s kids had a lemonade stand set up at the end of their driveway. As it turns out they were selling iced tea and you had your choice of either sweetened or unsweetened. We pulled up and rolled down the window and asked, “How much?” For 50 cents I had one of the best, and one of the coldest, glasses of iced tea I’ve ever had! It was even served in a red Solo cup, just like the one made famous in the Toby Keith song.
As we drove off and headed to town, my wife Drenda commented, “Now that is genuine American free enterprise!” We talked about how lucky we are to live in a country where anyone can start up a business and with a little luck, and a lot of hard work, make a living.
Then we commented that in the adult world, that little lemonade stand would have to pass a Health Department inspection, where an inspector, whose salary depends on his finding violations, would come out and probably mandate running water be piped to the stand. Well, the owner might have to raise the price of the tea to 65 cents to cover that expense. Hopefully that will be enough to also cover the food-handler permit.
Soon here comes the U.S. Food and Drug Administration to make them put a label on their tea describing the ingredients, calories, and nutritional value. They could probably cover that expense by raising the price to 75 cents.
Even though it is a drive-through lemonade stand, here come the feds to make sure they build in a handicapped parking space with appropriate signage. The price might be up to 92 cents for a glass of tea now.
Of course before they built their stand they had to comply with the government regulation to get a study to make sure no endangered species or archeological artifacts were disturbed in construction. Boy, those engineers that do those studies are pretty expensive, so the price of the product might have to go up to $1.05.
Of course a large chunk of change has to go to pay workers compensation insurance in case one of the girls gets hurt while working the stand. Yet another check goes to the Oklahoma Employment Security Commission, that agency that makes it hard for a small businessman to fire a bad employee. And don’t forget the Environmental Protection Agency inspections that make sure we are disposing of our unsold product in a safe manner.
Wow, our 50-cent product is now up to $2.00! Perhaps it would be cheaper to just buy the tea from China, where it can be made cheaply without excessive government interference. Too bad the jobs will be filled by the Chinese, rather than Americans.
You know, come to think of it, Lemonade Stand Economics is what reminds me why I support less government interference, and more free enterprise.
Thank you for allowing me to serve as your State Representative. I can be reached at dougcox@okhouse.gov or (405) 557-7415.
http://pryordailytimes.com/editorials/x1437242701/Lemonade-stand-economics
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By John Stossel
Want to open a business in America? It isn’t easy.
In Midway, Georgia, a 14-year-old girl and and her 10-year-old sister sold lemonade from their front yard. Two police officers bought some. But the next day, different officers ordered them to close their stand.
Their father went to city hall to try to find out why. The clerk laughed, and said she didn’t know. Eventually, Police Chief Kelly Morningstar explained, “We were not aware of how the lemonade was made, who made the lemonade, and of what the lemonade was made with.”
Give me a break. If she doesn’t know, so what? But kids trying their first experiment with entrepreneurship are being shut down all over America. Officials in Hazelwood, Missouri ordered little girls to stop selling Girl Scout cookies.
It made me want to try to jump through the legal hoops required to open a simple lemonade stand in New York City. Here’s some of what one has to do:
1) Register as sole proprietor with the County Clerk’s Office (must be done in person)
2) Apply to the IRS for an Employer Identification Number
3) Complete 15-hr Food Protection Course!
4) After the course, register for an exam that takes 1 hr. You must score 70 percent to pass. (Sample question: “What toxins are associated with the puffer fish?”) If you pass, allow 3-5 weeks for delivery of Food Protection Certificate.
5) Register for sales tax Certificate of Authority
6) Apply for a Temporary Food Service Establishment Permit. Must bring copies of the previous documents and completed forms to the Consumer Affairs Licensing Center.
Then, at least 21 days before opening your establishment, you must:
Arrange for an inspection with the Health Department’s Bureau of Food Safety and Community Sanitation. It takes about 3 weeks to get your appointment. If you pass, you can set up a business once you:
- Buy a portable fire extinguisher from a company certified by the FDNY and set up a contract for waste disposal.
- We couldn’t finish the process. Had we been able to schedule our health inspection and open my stand legally, it would have taken us 65 days.
I sold lemonade anyway. I looked dumb hawking it with my giant fire extinguisher on the table.
Tourists told me they couldn’t believe that I had to get “all those permits.” A Pakistani man said, “That’s crazy! You should move to Pakistan!”
But I don’t want to move to Pakistan.
Politicians say, “We support entrepreneurs,” but the bureaucrats make it hard. The Feds alone add 80,000 pages of new rules every year. Local governments add more. There are so many incomprehensible rules that even the bureaucrats can’t tell you what’s legal. In the name of public safety, politicians strangle opportunity.
http://www.foxnews.com/opinion/2012/02/24/tried-to-open-lemonade-stand/
read morehttp://dailycaller.com/2011/10/24/all-charges-dropped-against-lemonade-protesters/
The lemonade three are free.
The Superior Court of the District of Columbia dropped all charges Monday against three activists arrested in August for selling 10-cent cups of lemonade on the lawn of the Capitol building.
Will Duffield, Meg McLain and Kathryn Dill were arrested on Aug. 20 for selling the lemonade as part of National Lemonade Freedom Day — a nationwide protest formed in response to a recent rash of children’s lemonade stands being shut down by police.
Duffield, McLain and Dill pleaded not guilty on Oct. 4 to “sale of goods on U.S. Capitol grounds” — a crime that carries a maximum prison sentence of 180 days. Vending on the lawn of the Capitol is not allowed.
The three faced an additional 180 days in jail after being held in contempt of court for refusing to submit to a urine test for drugs.
The urine sample was part of a program to avoid going to trial. The court also demanded the three submit to weekly drug testing and a substance abuse class. The lemonistas said all of this was a violation of their Fourth Amendment rights.
“It wasn’t a violent crime,” Dill said. “There were no victims, except all the thirsty people at the Capitol who couldn’t get lemonade because we were arrested.”
When the three appeared at court Monday, there was a new judge, who Mclain described as “jolly and friendly.” The judge announced the charges against them had been dropped.
“It was very relieving,” Dill said. “I would have probably have lost my job, and Megan and Will don’t even live close to the area.”
The judge did not say why the charges had been dropped, but Dill and McLain speculated it would have been not only costly but embarrassing to take the three to a full jury trial.
The three had also been banned from the Capitol grounds, but that, too, has been lifted. The first thing the three did after leaving court was take a picture in front of the Capitol building.
Mclain said the three have no plans at the moment for future protests, but “the next time we see some innocent person being oppressed, we’ll be there.”
Lemonade Liberation discussion on Free Talk Live
read moreOn October 4th Will Duffield, Meg Mcclain, and Kathryn Dill, appeared before court and pleaded NOT GUILTY to their charge of “vending without a permit”. They also refused a urine sample as condition of release and as a result are in contempt of court and face an additional 6 month sentence. They have committed no crime, they are INNOCENT until proven GUILTY. No innocent person should be forced to submit a urine sample randomly. Please come support them at court, we must let everyone know this is intolerable. We can not sit idly by and let the government set a precedent that a person is guilty until proven innocent.
7:30am- Fully Informed Jury Association Outreach
8:15am- Press Conference
8:45am- March into Courtroom 314
Please join on the Facebook Event page:
https://www.facebook.com/event.php?eid=298454553503978
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