Club for Growth

October 13, 2008

Nothing Funny About the Amusement Tax

Andrew Roth

Chicago Mayor Richard Daley is proposing an increase in the amusement tax to cover a budget shortfall. Cubs fans are still grieving over their team's loss in the playoffs and now this?

Posted at 3:38 PM, October 13, 2008 | Trackback | Print | #

Brown Grass Means Jail Time

Andrew Roth

A man was put in jail because he failed to adequately water his lawn.

Posted at 1:53 PM, October 13, 2008 | Trackback | Print | #

October 9, 2008

I'm Sorry

Andrew Roth

A proposal in Canada called The Apology Act would make it easier for people to apologize for doing something wrong without it later being held against them in court.

I love this quote from the article: "However, [Attorney General Mike] Bentley said the bill isn't designed to make it easier for the government to apologize because it should do the right thing regardless."

As opposed to private citizens who should do the wrong thing from time to time?

Posted at 9:46 AM, October 9, 2008 | Trackback | Print | #

October 2, 2008

Perhaps the Stupidest Law Ever?

Andrew Roth

Michael Cannon at Cato has the details. And, yes, the law comes from California.

Posted at 3:43 PM, October 2, 2008 | Trackback | Print | #

September 26, 2008

Dumbness During the Bailout

Andrew Roth

While the United States struggles through the credit crisis, what is the House of Representatives doing? Passing a resolution "recognizing the 150th anniversary year of the founding of Macy's, Inc."

Posted at 9:28 AM, September 26, 2008 | Trackback | Print | #

September 25, 2008

Dumb Law Time Machine

Andrew Roth

Here's a dumb law from 1908 in New York City.

Posted at 12:37 PM, September 25, 2008 | Trackback | Print | #

September 4, 2008

Man Tries to Get California to Sue Him

Andrew Roth

I like this guy. Great idea.

Posted at 10:03 AM, September 4, 2008 | Trackback | Print | #

Dumb Court Decision About Mad Cow Disease

Andrew Roth

With caution, I put this court decision under the "Dumb Laws" category only because there are several legal details that might not make it entirely dumb. However, on the surface, it seems remarkably dumb. Apparently, the U.S. Court of Appeals is preventing a beef company from testing its own beef for mad cow disease at its own expense.

Posted at 9:28 AM, September 4, 2008 | Trackback | Print | #

September 3, 2008

Dumb Proposal in L.A.

Andrew Roth

A committee for the Los Angeles City Council is going to consider a proposal that would prohibit people from smoking within 5 feet of restaurant tables that are located outside.

Posted at 2:14 PM, September 3, 2008 | Trackback | Print | #

August 27, 2008

Dumbness in Knoxville, TN

Andrew Roth

You need a permit to go out of business in Knoxville, TN.

Posted at 2:04 PM, August 27, 2008 | Trackback | Print | #

August 18, 2008

The Nanny State = The Richard Simmons State

Andrew Roth

From the Daily Mail in Great Britain:

A bizarre Government-funded campaign is being launched to encourage people to exercise while they’re waiting for a bus.

According to the campaign’s organisers, those minutes spent at the bus stop watching the traffic go by could be spent more usefully – by standing on one leg, pointing your toes or clenching your buttocks.

Posted at 9:07 AM, August 18, 2008 | Trackback | Print | #

August 8, 2008

Dumb Letter to the NCAA

Andrew Roth

From TV Week:

[Nine c]ongressmen today sent a letter to NCAA President Myles Brand urging the NCAA to ban alcohol ads entirely from broadcasts.

“We find it puzzling that NCAA advertising rules prohibit ads for cigarettes, other tobacco products, organizations promoting gambling and alcohol beverages, yet continue to allow ads for beverages with alcohol content of 6% or less,” said the letter. “Given the devastating problems caused by underage college drinking, much of it in the form of beer, that policy makes little sense and flouts the core value of sports and learning.

“Please act to protect the integrity of college sports and the health and safety interests of college students, athletes and young fans by ending all advertising during NCAA broadcasts,” the letter said.

The letter was signed by Reps. Henry Waxman, R-Calif.; Lucille Roybal-Allard, D-Calif.; Lois Capps, D-Calif.; Chris Van Hollen, D-Md.; Hilda L. Solis, D-Calif.; Zach Wamp, R-Tenn.; Jim Ramstad, R-Minn.; Raul Grijalva, D-Ariz.; and Rosa DeLauro, D-Conn.

First off, Waxman is a very liberal Democrat, not a Republican. Second, four of these nine congressmen (Roybal-Allard, Capps, Solis, and Grijalva) voted against banning Internet gambling in 2006. How do they reconcile these two diametric positions? It's okay to gamble your life savings away, just don't drink while you do it?

HT: Stu Clark

Posted at 9:11 AM, August 8, 2008 | Trackback | Print | #

August 7, 2008

Dumb Ballot Idea

Andrew Roth

A proposal has been submitted to California's attorney general for consideration on the 2010 ballot (at the earliest) that would apply a death tax of 55% on all wealth over $20 million.

That's bad enough, but the proceeds would not be used to balance the budget or build roads and bridges. No, it would be used to buy stock in Exxon-Mobil, Chevron, Citicorp, J.P. Morgan, and other companies.

The goal is to make sure these companies do not drill or contribute to drilling off the coast of California, and to make sure they invest in alternative fuel research and development. Oh, and it would make sure these companies do not loan money to foreign companies at the expense of domestic ones. You know, because globalization is bad, bad, bad.

Hear that sound? That's all of California's millionaires packing up their things and driving their SUVs to Florida.

Posted at 12:48 PM, August 7, 2008 | Trackback | Print | #

August 6, 2008

Dumb Bill of the Year?

Andrew Roth

HR 6753, sponsored by Rep. Frank Pallone (D-NJ-06), would "provide for the issuance of a commemorative postage stamp on the subject of inflammatory bowel disease."

Posted at 12:10 PM, August 6, 2008 | Trackback | Print | #

August 5, 2008

Dumb Taxes and Dumb Exemptions

Andrew Roth

Every state with a sales tax has an official revenue book that explains what items are taxable and non-taxable. You can always get a chuckle out of some of the explanations.

From PAPundit in Pennsylvania comes this gem:

One of my favorites: Non-flavored bottled water is not taxable, but if it’s flavored it’s taxable – unless it contains at least 25% juice, in which case it’s not!

HT: James Bookstaber

Posted at 8:58 AM, August 5, 2008 | Trackback | Print | #

August 2, 2008

A Dumb Resolution

Andrew Roth

The House left DC this week for their month long vacation without passing any meaningful legislation to help lower the price of gas. However, they did take the time to pass House Resolution 1143 which sought to support "the goals and ideals of the Apple Crunch and the Nation's domestic apple industry."

Posted at 4:47 PM, August 2, 2008 | Trackback | Print | #

July 30, 2008

A 40% Trash Tax Hike

Andrew Roth

The Los Angeles City Council voted 11-1 to increase the trash collection fee by 40%. It marks a 500% increase since 2003.

Posted at 2:27 PM, July 30, 2008 | Trackback | Print | #

July 29, 2008

Poll of the Day

Andrew Roth

From SurveyUSA.com:

The Seattle City Council will vote today on whether or not to charge a 20 cent fee for each grocery bag you receive at grocery stores in the city of Seattle. Do you think this is a good idea? Or a bad idea?

Good Idea -- 36%
Bad Idea -- 62%
Not Sure -- 2%

Posted at 8:12 AM, July 29, 2008 | Trackback | Print | #

July 28, 2008

Tax on Text Messaging

Andrew Roth

Los Angeles County wants to tax text messaging. Here's the article. Note the online poll (albeit unscientific). As of this writing, readers are against the tax 89% to 11%. No surprise there.

HT: Steve Bartin

Posted at 9:11 AM, July 28, 2008 | Trackback | Print | #

Terminator Terminates Trans Fats

Andrew Roth

California Governor Arnold Schwarzenegger signed a bill to ban trans fat this past Friday. California is the first state to do so. Pass me a deep fried Twinkie.

Here's Jon Fleischman's take on it.

Posted at 9:03 AM, July 28, 2008 | Trackback | Print | #

July 21, 2008

Dumb Warning Label

Andrew Roth

On a package of dry roasted peanuts: "Produced in a facility that processes peanuts and other nuts."

Posted at 12:32 PM, July 21, 2008 | Trackback | Print | #

July 18, 2008

Nanny State New York

Andrew Roth

Alex Harris at OpenMarkets.org writes:

New York is the first city in the country to require restaurants to put the calorie content of foods on the menu. But not all restaurants will be covered by the mandate. No, only restaurants with more than 15 locations in the country will be covered. So Wagamama, the European titan noodle chain with only a couple of US locations, would not be covered if the company opened a New York branch.

More here.

Posted at 8:54 AM, July 18, 2008 | Trackback | Print | #

July 16, 2008

Evil Novelty Lighters

Andrew Roth

Last month, I blogged about how a Michigan legislator proposed banning novelty lighters in the state. Well, the dumb idea made its way to Washington.

Rep. Darlene Hooley (D-OR) is sponsoring HR 6488, a proposal that would direct the Consumer Product Safety Commission to ban novelty lighters. She is the only sponsor on the bill.

Here's Jim Harper's thoughts on the bill:

With energy prices soaring, a war in Iraq, and a humanitarian crisis in Darfur, we really should think of the children. And that’s what I assume this bill is about, protecting children from the attractive nuisance of novelty lighters. Well, guess what. Children are going to be attracted to lighters whether they’re “novelty” or not. They’re lighters, after all.

And that’s why we have “parents.” To tell children to leave lighters the heck alone. And to take them away from children, and to scold children, and to send children to bed without any supper, and ultimately to mold children into well-adjusted adults.

Again, that’s what parents do to children. It’s not what the Consumer Product Safety Commission does to all of us grown-ups.

Posted at 9:21 AM, July 16, 2008 | Trackback | Print | #

July 15, 2008

Europe Goes to the . . . Apes

Nachama Soloveichik

Spain has been very busy over the past couple of weeks. A Spanish parliamentary committee voted last month to make Spain the first country to extend legal rights to apes. According to USA Today, the law would give great apes--like chimpanzees and gorillas--the right to life, freedom from arbitrary captivity, and protection from torture. It would outlaw using great apes in experiments, circuses, TV commercials, or films. Zoos would still be allowed but only under improved conditions. In solidarity with the great ape, Pedro Pozas, the secretary-general of the Spanish Great Ape Project, declared, "I am an ape."

But there is also a push to go further. The European Court of Human Rights is considering the case of Matthew Hiasl Pan, a 28-year old Austrian chimp. The question: Whether a chimp is legally considered a person so that it could have a legal guardian and accept funds for upkeep.

Posted at 10:35 AM, July 15, 2008 | Trackback | Print | #

The EPA's Lawnmower Division?

Andrew Roth

According to the Heritage Foundation, the Environmental Protection Agency could soon be regulating lawnmowers.

HT: Instapundit

Posted at 8:34 AM, July 15, 2008 | Trackback | Print | #

July 11, 2008

And a Pony

Andrew Roth

Like the Club, Jim Harper is tracking dumb laws. Or more precisely, dumb laws with dumb titles. For example, the brain dead "Don't Let the Bed Bugs Bite Act of 2008."

But in his own style, Harper is calling his new series of dumb laws, "...and a pony." His explanation:

I’ve created a special category for these kinds of bills called “...and a pony” because they’re like what you’d ask Santa Claus for after you finished with the stuff you thought you might actually get.

Tonight’s bill is H.R. 6444. Now, it doesn’t have one of those made-up titles like “The Everyone Will Be Happy From Now On Act,” but it’s close. (It might later; they’re sometimes added.) It just has a brief summary of what the intent of the bill is. And H.R. 6444’s intent is “To provide affordable, guaranteed private health coverage that will make Americans healthier and can never be taken away.” And a pony.

Posted at 9:59 AM, July 11, 2008 | Trackback | Print | #

July 9, 2008

It's Raining Dumb Laws

Andrew Roth

Michael at the Groovy Green blog writes:

Colorado state law mandates that any water falling from the air is not yours. In fact, according to their site, its already been “legally allocated” — so, you don’t actually have any rights when it comes to using precipitation that falls on your property.

So, since rain is illegal to capture, that makes rain barrels obsolete. The Colorado Springs Gazette adds this gem:

The rain barrel is the bong of the Colorado garden. It’s legal to sell one. It’s legal to own one. It’s just not legal to use it for its intended purpose.

Posted at 3:48 PM, July 9, 2008 | Trackback | Print | #

Dumb Law Statistics

Andrew Roth

Taxpayers for Common Sense has crunched the numbers:

Of the 260 public laws passed in the 110th [Congress], 74 are for naming post offices and only about 148 could be called ‘substantive’ laws, a term used loosely considering that this substantive legislation includes a law requiring the flag be flown on Father’s Day. And 8 of the 148 were “must pass” appropriations bills.

Posted at 3:40 PM, July 9, 2008 | Trackback | Print | #

Hands Off Those Gift Cards!

Nachama Soloveichik

I already wrote about 2007 legislation in Wisconsin that would have mandated that the value of unused gift cards go to the state treasury. Apparently, Wisconsin is not the only state interested in seizing private property. A number of states have proposed or adopted legislation that would require the value of an unused gift card to revert to the state.

In New Jersey, A.B. 2603, introduced this year, would require abandoned gift card balances to revert to the state. In Nevada, the governor signed A.B. 279 in 2007, requiring a certain portion of an unused gift certificate to revert to the state where the funds will be used for educational purposes. In Rhode Island, H.B. 5777 became law without the governor's signature in 2005. The legislation allows the Division of Taxation to take funds paid for unredeemed gift certificates.

Posted at 3:34 PM, July 9, 2008 | Trackback | Print | #

Never Forget the Sharks!

Andrew Roth

Yesterday, in keeping with Congress' proactive attempt to pass dumb laws, the U.S. House passed by voice vote the "Shark Conservation Act of 2008," which would cost taxpayers $5 million over the next 5 years.

According to the Congressional Budget Office (PDF):

H.R. 5741 would prohibit certain activities that may involve shark finning (the practice of removing a shark's fins and discarding its carcass). The legislation also would direct the National Oceanic and Atmospheric Administration (NOAA) to identify foreign nations that do not sufficiently regulate fishing practices that harm sharks.

[...]H.R. 5741 would impose a private-sector mandate, as defined in [Unfunded Mandate Reform Act], by requiring that shark fins aboard fishing vessels, shark fins transferred or received at sea, and shark fins landed at a U.S. port be naturally attached to the carcass.

Posted at 3:10 PM, July 9, 2008 | Trackback | Print | #

Banned!

Andrew Roth

From reason.tv, here is Banned. Welcome to the Nanny State.

Posted at 3:04 PM, July 9, 2008 | Trackback | Print | #

Good News-Bad News Law is Bad News

Nachama Soloveichik

In the U.S., liberals have been pushing to reinstate the Fairness Doctrine, which would force radio stations to provide equal time to both sides of an issue. Well, Romania has a similar form of inanity. On June 25, the Romanian Senate unanimously adopted a draft law forcing radio and television stations to transmit positive and negative news "in an equal proportion." The draft law is now awaiting presidential signature.

But what does this mean? If a news station reports on an earthquake, must it also report on the birth of kittens?

Posted at 1:16 PM, July 9, 2008 | Trackback | Print | #

July 8, 2008

The Dumbest Thing I've Read Today

Andrew Roth

From Bloomberg's James Lumley:

Pringles, Procter & Gamble Co.'s salty snack stacked in a tube, are not potato chips, a London judge ruled today in a tax dispute.

Pringles don't fulfill the legal definition of "potato crisp," the British word for "chip," allowing them to be sold tax free in the U.K., Justice Nicholas Warren at the High Court in London ruled.

Under U.K. law, most food is exempt from Britain's 17.5 percent sales tax. Even so, the national tax office claimed that Pringles were covered by an exception for products such as potato chips, sticks or puffs "and similar products made from the potato, or from potato flour, or from potato starch."

Procter & Gamble's lawyers claimed at a May hearing that Pringles don't look like a chip, don't feel like a chip, and don't taste like a chip, according to the judgment. They also claim the snack isn't made like a chip since it is cooked from baked dough, not potato slices.

Potato chips "give a sharply crunchy sensation under the tooth and have to be broken down into jagged pieces when chewed," the Cincinnati-based company's lawyers argued. "It is totally different with a Pringle, indeed a Pringle is designed to melt down on the tongue."

Warren agreed. Pringles aren't "made from the potato" for the purposes of the tax office's exemption, he said. He didn't say what Pringles are, other than that they're tax-exempt.

Posted at 10:59 AM, July 8, 2008 | Trackback | Print | #

July 7, 2008

Dumb 'Retrieval' Fees

Andrew Roth

From the Open Records blog:

The fastest way to put government documents beyond the reach of the public is to charge a “retrieval fee” or a “search fee” to go get the documents.

Kim Pierce, a candidate for sheriff in Sevier County, Tennessee was recently charged $15.00 just to look at the three different components of one file, on the theory that each search for a document costs $5.00.

HT: Ben Cunningham

Posted at 5:22 PM, July 7, 2008 | Trackback | Print | #

Bed Bugs!

Andrew Roth

This week, Congress plans to vote for, and in all probability, pass a bill called The "Don't Let the Bed Bugs Bite" Act of 2008.

It would spend $50 million on "a grant program to assist States in inspecting hotel rooms for bed bugs." No joke. Andrew Moylan at NTU has the details.

Posted at 4:26 PM, July 7, 2008 | Trackback | Print | #

Las Vegas Passes Dumb Law by Mistake

Andrew Roth

A couple of years ago, the Las Vegas City Council passed a dumb law by mistake. Heh.

Posted at 1:22 PM, July 7, 2008 | Trackback | Print | #

July 3, 2008

Taking Cold Showers During a Thunderstorm

Andrew Roth

Last week, Hawaii became the first state to mandate that solar-powered water heaters be installed in all new homes.

Posted at 5:28 PM, July 3, 2008 | Trackback | Print | #

Some Dumb Laws are Just Plain Scary

Nachama Soloveichik

I went nuts when I saw this proposed legislation, and I can't believe a legislator would have the chutzpah to propose it. Back in 2003, New Mexico state Senator Allen Hurt (R-Waterflow) proposed legislation that would force certain motorcyclists to become organ donors. According to the legislation, if a motorcyclist who didn't wear a helmet was declared brain dead as a result of an accident, his organs would be harvested regardless of his wishes or the wishes of his family. Although this legislation never made it very far--Senator Hurt withdrew the bill in the face of public outrage--it is a useful reminder of government's ability and tendency to overreach. One day a state legislature bans plastic bags, the next day it's seizing organs. Scary.

Posted at 4:36 PM, July 3, 2008 | Trackback | Print | #

Beware of the Toilet Police

Nachama Soloveichik

There is no shortage of things the government would like to regulate--including toilets. On March 7, 2007, State Senator Jud Gilbert introduced legislation to require the general contractor on any construction or improvement project in the state of Michigan to make sure that there is at least one "toilet facility" for every 10 employees. Refusal to comply with this regulation would result in the denial of a building permit.

Posted at 3:39 PM, July 3, 2008 | Trackback | Print | #

Dumb Laws - 4th of July Edition

Andrew Roth

Here's a look at which states allow or ban fireworks.

Posted at 12:39 PM, July 3, 2008 | Trackback | Print | #

A Dumb Law Debate

Andrew Roth

Chicago was recently tagged by Reason magazine as the town with the most idiotic restrictions on liberty. Reason's Radley Balko explains why, after which the Chicago Tribune's Mary Schmich channeled her inner Stalin by defending the Nanny City. Jason Pye has the details.

Posted at 12:20 PM, July 3, 2008 | Trackback | Print | #

Mudos Ley (Spanish for 'Dumb Law')

Andrew Roth

Ey karumba! This is dumb squared. Mexico is implementing a new tax to punish tax evaders, but tax evaders are only going to evade the new tax. Dumb and dumb, thus dumb squared.

Mexico launched a new tax on large cash deposits into bank accounts Tuesday in an effort to clamp down on tax evaders in the nation's huge black-market economy.

But even as the government took aim at workers who labor off the books, doing odd jobs or selling at street stalls, many of those workers were already figuring out how they could continue to evade the tax inspector.

"I don't think it will be hard to avoid the tax," said Elliot Mondragon, who sells shrimp cocktails out of tall glass jars from a push-cart by a church in central Mexico City.

[...] Mondragon and other small businessmen that spoke to Reuters said they think they can get around the tax by opening several bank accounts under different names, and by stashing more cash under their mattresses.

Mexico's finance ministry has set a modest collection target for the new tax, estimating it will take in just 2.9 billion pesos ($280 million) over the rest of the year -- about 0.1 percent of total tax collection.

I'll bet a burrito that the actual revenue from this tax comes in below the estimate.

HT: Blog readers Frank and Ania

Posted at 11:47 AM, July 3, 2008 | Trackback | Print | #

Happy Watermelon Month!

Nachama Soloveichik

Did you know that July is National Watermelon Month? Well, it is, thanks to the 110th Congress. When it comes to naming months, the 110th Congress has been awfully busy, skipping only August and December, but lavishing April with as many as nine names. The below chart is a list of every month Congress has designated over the past year and a half. While some of the causes are important, it is a rather silly practice, especially when you end up with things like National Garden Month.

Posted at 10:51 AM, July 3, 2008 | Trackback | Print | #

Dumbest Law of the Week!

Andrew Roth

I've blogged about several dumb laws this week, but the following dumb law is the dumbest. Wait, scratch that. It's dumber than the dumbest. If there was a monument to dumbness, this would be it.

Michigan is in a single-state recession. Governor Jennifer Granholm has led a big government crusade that has taxed too much, regulated too much, and spent too much. The result? Michigan has the highest state unemployment rate at 8.5%, a full 3 points above the national average. Gross state product has limped along at only 5.2% since 2004, while the national average is 18.4%.

So instead of cutting taxes, limiting spending or reducing regulation, or even saving money by firing Jeff Daniels, what does Granholm do? She spends tax dollars (both state and federal) for a fence to protect turtles.

TURTLES!

HT: David Bakker from Hillsdale College

Posted at 9:44 AM, July 3, 2008 | Trackback | Print | #

July 2, 2008

It's 10 PM - Do You Know Where Your Dog Is?

Nachama Soloveichik

In 2006, Fjell, a small Norwegian town, considered legislation setting a curfew for barking dogs. The bill would require that all barking dogs be indoors by 10 PM every weekday, although quiet dogs would be permitted outdoors. Dog owners who violate the ordinance would be subject to a fine.

Posted at 4:03 PM, July 2, 2008 | Trackback | Print | #

Congress to Bail Out Starbucks

Andrew Roth

Now here is a really dumb idea:

Democrats in Congress today plan to introduce a bill to halt the recently-announced closing of some 600 Starbucks coffee stores, noting that the displacement of 12,000 Starbucks baristas would overwhelm government aid offices...

[...] Rep. Pelosi’s bill would subsidize the 600 money-losing Starbucks locations by giving away millions of taxpayer dollars in so-called ‘Venti Vouchers’ to residents of these hard-hit neighborhoods. If the effort fails to revive the flagging stores, Rep. Pelosi said Democrats would “seriously consider nationalizing the coffee industry to ensure the free flow of java at fair prices.”

Okay, I apologize. The above is satire. But some of you really thought it was true, right? That's how bad things have gotten.

Posted at 11:53 AM, July 2, 2008 | Trackback | Print | #

Restroom Stupidity

Andrew Roth

Earlier this year, Florida State Senator Victor Crist -- no relation to the governor -- proposed a bill that would require restaurants to supply enough toilet paper for its customers.

HT: Steven Burden

Posted at 11:34 AM, July 2, 2008 | Trackback | Print | #

July Brings Bumper Crop of New (and Dumb) Laws

Andrew Roth

July 1st usually marks the first day of the fiscal year for most states. So most of the (dumb) laws proposed by state legislatures earlier this year take effect this month. Here's a great article that identifies and explains a whole slew of new laws.

In my own state, Virginia, it used to be illegal to mix wine and liquor in restaurants. So if you wanted sangria with your dinner, you'd have to go to a restaurant in DC or Maryland. Dumb, right? Well, Virginia has repealed that law. Good for them.

Incidentally, I always wanted to know if, while at a restaurant, I could intentionally order a glass of red wine, some brandy, and some triple-sec, and then mix a sangria myself at the table. Thankfully, it doesn't matter anymore.

HT: Ben Cunningham

Posted at 8:10 AM, July 2, 2008 | Trackback | Print | #

July 1, 2008

How Not to Catch a Thief

Andrew Roth

Rather than increase enforcement, Tennessee lawmakers decided that more regulation was necessary in order to crack down on scrap metal thieves.

A new state law designed to combat scrap metal thefts could “easily” cost a business $30,000, an Oak Ridge dealer said last week.

[...] The legislation, signed into law in April, requires scrap metal dealers to register with the Tennessee Department of Commerce and Insurance by Oct. 1. People selling metal must have a state or federal photo identification card and provide thumbprints. The dealers will have to purchase the equipment needed to take these thumbprints, and the photos, if the sellers don’t have photo identification. These sellers would still have to present some form of state- or federally-issued identification to the dealers.

HT: Dave Weigel

Posted at 2:54 PM, July 1, 2008 | Trackback | Print | #

'Exempt Me' Dumb Laws

Andrew Roth

Yesterday, I noted how a Michigan lawmaker wanted to exempt everyone over 62 years old from having to pay "driver responsibility fees." The lawmaker, Edward Gaffney, just happened to be 64 years old when he introduced the bill.

Now comes word of a similar situation in Kentucky. David Adams of the Bluegrass Institute points me to a bill proposed by state Rep. Eddie Ballard that would allow anyone age 72 or older to opt out of jury duty.

Ballard was 78 years old at the time.

Posted at 2:10 PM, July 1, 2008 | Trackback | Print | #

Dumb Law in a Box

Andrew Roth

California's ban on drivers using cell phones without a hands-free component is now in effect. Mike Spence (sarcastically) wants to expand the ban to the Supreme Breakfast Croissant with extra bacon from Jack in the Box.

Posted at 12:43 PM, July 1, 2008 | Trackback | Print | #

Spend Those Gift Cards Quickly

Nachama Soloveichik

Some dumb laws are more offensive than funny. This legislation from a Milwaukee representative is just that. In 2007, Rep. Fred Kessler introduced legislation mandating that the value of unused gift cards should go to the Wisconsin state treasury--not to the merchant who sold it. Calling unused gift cards a "windfall," Kessler said the money could be used to support schools, health care, or roads. Under his legislation, he was kind enough to allow merchants to keep 20% of the value of the card. The remaining 80% would be seized by the state.

Talk about audacity. The unused money belongs to the merchant fair and square. This bill was nothing more than a government cash grab.

Posted at 12:14 PM, July 1, 2008 | Trackback | Print | #

400 Laws

Andrew Roth

In Georgia, over 400 laws will go into effect starting today. There's gotta be some dumb ones in that bunch.

HT: Jason Pye

Posted at 11:53 AM, July 1, 2008 | Trackback | Print | #

Godspeed, Mortman

Andrew Roth

Extreme Mortman commends our new effort to expose dumb laws and points to several dumb laws that were highlighted by The Hotline almost 10 years ago. My two favorites:

Arizona State Rep. Richard Kyle (R) introduced a bill to raise an attack on a politician from simple assault to aggravated assault.

Georgia Rep. Dorothy Pelote (D) wanted to make it illegal for grocery store baggers to lick their fingers.

A quick Google search seems to show that Pelote is still in office. One article that was easy to find pointed to another interesting proposal offered by Pelote:

Steamy Georgia afternoons apparently have taken their toll on Southern gentility. Lawmaker Dorothy Pelote has introduced a bill in the state House of Representatives to ban people from answering the door in the nude. Currently, "the law allows [a person] to come to the door naked. It just doesn't let him go outside," Pelote says. "I don't even want him coming to the door naked."

In 2006, the Georgia Legislature saw fit to honor her by passing a resolution designating a bridge as the Dorothy Barnes Pelote Bridge.

Posted at 9:35 AM, July 1, 2008 | Trackback | Print | #

Cutting in Line

Andrew Roth

Thanks to a wonderful Instalanche, I've received numerous emails from people who are sending me examples of dumb laws from across the country. Here's one from Michael Krekel in California. He told me it was at a go-kart track:

Here's the link to the section 490.6 of the California penal code.

Posted at 8:53 AM, July 1, 2008 | Trackback | Print | #

June 30, 2008

Another Day, Another Dumb Law Ignored

Andrew Roth

The statewide indoor smoking ban in Illinois is being routinely ignored in rural areas.

The Tribune contacted officials from more than a dozen Downstate counties who say they are doing nothing to enforce the law.

"We have been forced into a legal vacuum," said State's Atty. Tom Finks of Christian County, one of many Downstate counties that have not prosecuted a single violator. "Legally, the legislature has not given us the proper tools of enforcement. Our job is not to fill in the blanks."

Asked why he did not adopt Chicago-like enforcement standards, Finks said, "It's a classic difference in government philosophy between us down here and the folks up there."

Posted at 5:45 PM, June 30, 2008 | Trackback | Print | #

Dumbs Laws in Michigan

Andrew Roth

The good folks at the MacKinac Center for Public Policy sent me dozens of dumb bills that were recently proposed in the Michigan Legislature. A special thanks to MacKinac's Ken Braun and Jack McHugh.

Here are a few that caught my eye:

SB 68 (introduced by Sen. Tupac Hunter) would authorize manicurist training. As MacKinac's Michigan Votes website explains, "Under current law, licensure is required for schools that teach cosmetology and electrology, but there is no separate category for the teaching of fingernail clipping."

SB 920 (introduced by Sen. John Gleason) would revise current law "in such a way" that would prevent Wal-Mart from using its own bank to process credit card transactions.

SB 906 (introduced by Sen. Mark Jansen) would ban the disposal of corrugated cardboard in a landfill.

SB 1194 (introduced by Sen. Gretchen Whitmer) would authorize the state fire marshall to ban the ownership of novelty lighters.

HB 4314 (introduced by Rep. Gino Polidori) that would "require any water bottled in Michigan for sale at market to have a label stating that the water is from Michigan and showing a small map outline of the state."

And here is my favorite one:

HB 5885 (introduced by Rep. Edward Gaffney) would "exempt individuals age 62 or older from the “driver responsibility fees” (“bad driver fees”) that are assessed for various violations."

According to his office website, Gaffney was 64 years old when he introduced this bill.

Posted at 3:50 PM, June 30, 2008 | Trackback | Print | #

Salt Shakers

Andrew Roth

Taxpayers in the United Kingdom are paying for the production of salt shakers that were purposely made with fewer holes to prevent people from consuming too much salt.

Posted at 1:40 PM, June 30, 2008 | Trackback | Print | #

Sand Castles Escape the Long Arm of the Law

Nachama Soloveichik

This year, the City Council in Isle of Palms, SC considered a proposal that would put a damper on that ago-old summer activity: Building sand castles at the beach. Under the proposal, beachcombers could be fined $128 to $500 for not flattening sand castles and not filling in holes when they leave the beach. If you're scratching your head, you're not alone. Even the local police said they were not sure how they would enforce such a law. They would have to see the sand castle being built from beginning to end and watch the builder walk away.

In the end, the City Council approved a law that fines beachgoers for leaving debris at the beach, but leaves sand castle builders alone.

Posted at 12:34 PM, June 30, 2008 | Trackback | Print | #

June 27, 2008

Roth on the Radio

Andrew Roth

I was on American Radio Journal with Ryan Shafik earlier this week talking about the new Dumb Laws blog. You can listen to it here (my interview is at the 14m mark).

Posted at 10:52 AM, June 27, 2008 | Trackback | Print | #

The Senate Honors Soil

Andrew Roth

I just received this email from a staffer in the U.S. Senate:

"On Monday, the Senate passed a resolution honoring soil. That’s right. Soil. I mean, isn’t soil happy to let its accomplishments speak for themselves? Sustaining life, surviving for millions of years, etc. Does it really need a nonbinding resolution to make it feel important? Seems if we were going to do something for soil we ought to at least give it a Congressional Gold Medal or something. The first sentence says it recognizes soil as an essential natural resource. I have always wondered whether soil is an essential natural resource, and now I know. The Senate has spoken."

Here's the resolution. Senator Sherrod Brown (D-OH) sponsored it. Here are the six co-sponsors:

Kent Conrad (D-ND)
Russ Feingold (D-WI)
Chuck Grassley (R-IA)
Tom Harkin (D-IA)
Ken Salazar (D-CO)
George Voinovich (R-OH)

Posted at 9:47 AM, June 27, 2008 | Trackback | Print | #

Welcome to Dumb Laws

Andrew Roth

We're launching a new blog series today that is plainly, but appropriately, called, Dumb Laws.

Sure, a lot of laws are dumb, but we want to showcase the dumber than dumb laws. The dumbness of which you previously didn't think was possible. There are fun websites out there that chronicle dumb laws from decades ago. Like in Culpepper, Virginia, you can't wash a mule on the sidewalk.

But we want to highlight contemporary dumbitude. We have evolved as a society through the years, but dumbness still lingers, especially when laws are being enacted. Our goal for this new blog is to clamp down on the dumbivity that pervades our country. Every time a dumb law is enacted, or even proposed, one more lobbyist is emboldened. One more page is added to the law books. And one more politician gains confidence in subjecting the masses to even more dumbifying dumbness. To the point where we eventually become an Idiocracy.

Right now, we have filled the new blog with a healthy smattering of dumb laws, with the hopes that you, dear blog reader, will help us find more. What qualifies as a dumb law? There's no laundry list of strict qualifications, but it has to be recent. And it doesn't have to necessarily be a law. It can be a proposal that some politician has concocted, which, if enacted, would be a celebrity dumb law in Dummywood. We would also like the dumbness to have an economic effect. So even though this is a dumb idea, it wouldn't qualify for the blog. And feel free to submit dumb laws from the city, state, or federal level. We even have a category for foreign dumb laws. Nowhere are politicians safe!

So, go to Dumb Laws now, but don't stay there too long. It's a nice place to visit, but you wouldn't want to live there.

Posted at 8:45 AM, June 27, 2008 | Trackback | Print | #

June 26, 2008

Top Ten Dumbest Votes in the U.S. House

Andrew Roth

Last year, I wrote about the top ten dumbest votes in the U.S. House. Votes include giving tax dollars for mohair subsidies, Viagra subsidies, and to criminals who are looking for a loan.

Posted at 4:53 PM, June 26, 2008 | Trackback | Print | #

Supporting Financial Literacy Month

Andrew Roth

Every year in April, the U.S. House votes on a resolution "supporting the goals and ideals of Financial Literacy Month." And every year, you gotta laugh because everyone knows it's horribly hypocritical. The federal government taxes too much and spends too much. And Congress has the gumption to preach financial literacy to the electorate?

Here are the roll call votes for 2005, 2006, 2007, and 2008. The only congressman to vote against it all four years was Rep. Jeff Flake (R-AZ). In 2005, Flake issued a press release:

“Given Congress' appetite for pork barrel spending and penchant for deficits, we’re in no position to lecture anybody on financial literacy,” said Flake. “Perhaps we should have included a provision in the bill requiring Congress to practice what it preaches.”

Posted at 2:24 PM, June 26, 2008 | Trackback | Print | #

Would People Get Weighed Before Eating?

Andrew Roth

A new proposal in Mississippi would make it illegal for restaurants to serve fat people. An excerpt from a news report:

Ted Mayhall, one of the politicians who proposed the bill, said he was hoping to "call attention to the problem".

He said: "No-one's doing anything about it. They just keep on going to the buffets and eating."

But J. Justin Wilson, an analyst for the Centre for Consumer Freedom, a restaurant industry lobby group, said: "I've seen a lot of crazy laws but this one takes the cake. Literally."

Posted at 12:32 PM, June 26, 2008 | Trackback | Print | #

Banning the Drive-Thru

Andrew Roth

Two aldermen in Calgary want to ban new drive-thrus at the city's restaurants.

One of the supporters, Ald. Brian Pincott, said, "We've got to start designing and building our city for people and drive-thrus are not about people, they're about cars. We are addicted to convenience, and a lot of times that addiction is to our detriment."

Posted at 12:15 PM, June 26, 2008 | Trackback | Print | #

June 25, 2008

It's Raining Cats and Dogs and Tax Dollars

Andrew Roth

The U.S. House passed a bill earlier this year called the "Great Cat and Rare Canid Act". According to CQ.com ($), it would "authorize $5 million annually between fiscal 2008 through 2012 for a grant program for rare cat and dog conservation activities in other countries."

In other countries!

The bill's sponsor was Rep. Tom Udall of New Mexico.

Posted at 5:32 PM, June 25, 2008 | Trackback | Print | #

This Menu is Brought to You By the Government

Andrew Roth

From Radley Balko, who is an excellent source for exposing dumb laws:

Restaurants in New York City with 15 or more outlets nationwide now must conspicuously post the nutritional content of each item on their menus. Similar legislation is coming to San Francisco and Seattle, and is under consideration in about a dozen other cities and state legislatures.

Posted at 5:20 PM, June 25, 2008 | Trackback | Print | #

The Evil Bacon Hotdog Vendors

Andrew Roth

Posted at 5:02 PM, June 25, 2008 | Trackback | Print | #

Let's Tax the Fat Away

Andrew Roth

Late last year, San Francisco Mayor Gavin Newsom, whom we regard as the spiritual godfather of our "Dumb Laws" blog, proposed a tax on soda in an effort to curb obesity.

What about a tax on pizza? Cheeseburgers? Fries? Candy? Beer? Hot dogs? Ice cream? Pork loins? Pork chops? Bacon? Hmmmm, bacon. Man, I love bacon. Ham? Cheese? Onion rings? Nachos! Hot wings? Milk shakes? Twinkies?

Tax 'em all, baby! Um, hold on a second...[burp].

Posted at 4:36 PM, June 25, 2008 | Trackback | Print | #

Want to Buy Baking Soda? ID Please...

Andrew Roth

Last year, Missouri State Rep. Talibdin El-Amin offered a proposal that would require people to show a picture ID in order to buy baking soda. Why? Because baking soda is used in the production of crack cocaine.

As far as I can tell, the bill never got anywhere. Thankfully.

Posted at 3:58 PM, June 25, 2008 | Trackback | Print | #

Whiskey Rebellion II

Andrew Roth

Lovers of American history know that in 1791, Congress passed a tax on distilled spirits at the insistence of Treasury Secretary Alexander Hamilton, who wanted to pay down the national debt incurred during the Revolutionary War. This big government activism that our colonial ancestors fought against and died for didn't go over well with small time distillers and the farmers who sold surplus grain to them.

After a few years, enough disgruntled citizens took up arms in Pennsylvania just south of Pittsburgh that led to the famous Whiskey Rebellion. President Washington sent troops to the area and squelched the insurrection, but the incident was forever remembered in history books as another example of how Americans hated taxes.

That lesson has been lost on some of our contemporary lawmakers. Recently, Allegheny County Executive Dan Onorato fought for and passed a 10-cent tax on beer in Pittsburgh and the surrounding towns in order to subsidize mass transit. Needless to say, the locals aren't reacting to it favorably. From the Associated Press:

Signs have appeared in bars telling Onorato, only half in jest, that he is not welcome. Some bar receipts contain the notation "Onorato tax." Online, one Irish balladeer croons: "Remember the tax you pay on every single beer and then tell old Danny boy that he's not welcome here."

[...] A petition drive is about to get under way to try to repeal the 10 percent levy. Friends Against Counterproductive Taxation plans to begin collecting signatures Tuesday to put the issue to a referendum in November.

"He was hoping everyone would have forgotten about the tax," says Tom Baron, president of big Burrito Restaurant Group, which runs 11 eateries in the county. "Instead, he's facing Whiskey Rebellion II."

Posted at 3:13 PM, June 25, 2008 | Trackback | Print | #

Ever Heard of the Mute Button?

Andrew Roth

According to a local newspaper, California Congresswoman Anna Eshoo wants to "force the Federal Communications Commission to turn down the volume of television commercials."

After a little digging, I found her bill. It's H.R. 6209.

Posted at 2:59 PM, June 25, 2008 | Trackback | Print | #

June 24, 2008

California vs. Texas

Andrew Roth

In San Francisco, they banned the plastic grocery bag. In El Paso, they voted against a ban.

Posted at 5:46 PM, June 24, 2008 | Trackback | Print | #

Dumb Law.....Repealed

Andrew Roth

One of the laws that helped inspire the Club's Dumb Law database was the ban on foie gras in Chicago.

Last month, after only two year on the books, Chicago's city council voted to repeal the ban. Why? For the same reason most dumb laws need to be repealed. According to the news report, "[Mayor Richard] Daley said the foie gras ban was meaningless because restaurant owners were finding ways around it."

Posted at 5:34 PM, June 24, 2008 | Trackback | Print | #

June 23, 2008

Dogs in Minneapolis Have a Powerful Lobby

Andrew Roth

Licensed and leashed dogs in Minneapolis are now allowed to accompany their owners to sidewalk cafes. But the town's Spots and Fidos are still not allowed "to sit on tables or chairs, nor will they be able to eat of off [sic] plates or drink out of bowls."

Posted at 4:39 PM, June 23, 2008 | Trackback | Print | #

The Dumbest Proposals in Minnesota?

Andrew Roth

Early last year, the good folks at the SCSU Scholars blog asked its reader which dumb proposal offered by the Democratic-Farmer-Labor Party (DFL) in the Minnesota State Legislature was the dumbest. Seat belts for shopping carts? That's got my vote.

Posted at 4:26 PM, June 23, 2008 | Trackback | Print | #

The Pernicious Cosmetology Industry

Andrew Roth

In an effort to reveal the insanity of some of the dumb laws and proposals in South Carolina, Governor Mark Sanford recently issued a press release highlighting ten of the worst ones.

1. State law requires an individual to complete 1,500 hours of instruction to become a cosmetologist. It takes more hours of licensing to become a cosmetologist in SC than it does to become a police officer (396 hours) or carry a concealed weapon (8 hours).
2. Caskets and Stones, a retail funeral store in Greenwood, submitted their license application, paid their fee, were scheduled to go before the Board of Funeral Directors, and were told they could open. But then the Board gave them a “cease and desist” order - essentially telling them to stop selling caskets. The Board fined them $1,500 for “opening before their Board appointment.” They had to pay it before they could get their license.
3. Fortune Tellers are required to obtain a special permit in order to operate in South Carolina.
4. A proposed bill would require high school football and basketball playoff games to have replay for officials to use during these games.
5. Barbering schools are required by law to have at least ten instructional chairs -and those chairs are required by law to be upholstered and finished exactly the same way.
6. In 2003, a bill was introduced that would have required all drinking straws in South Carolina be sold in individual wrappers. The bill almost led to a fist fight on the House floor.
7. The fourth Friday in October in each year is designated by law in public schools as Frances Willard Day, and each public school is required “to prepare and render a suitable program on the day to the end that the children of the state may be taught the evils of intemperance.”
8. Circuses cannot exceed 48 hours at one place in any one year.
9. If a menu or advertisement states “frozen dessert,” it must correctly state the specific frozen dessert that is offered for sale so as not to mislead the consumer.
10. Musical instruments are not allowed to be sold on Sunday.

Posted at 4:22 PM, June 23, 2008 | Trackback | Print | #

Ignoring a Smoking Ban

Andrew Roth

Nevada is having trouble enforcing its indoor smoking ban.

Posted at 2:18 PM, June 23, 2008 | Trackback | Print | #

June 19, 2008

Bottled Water Tax Revenue Down

Andrew Roth

From the Chicago Sun-Times [emphasis mine]:

Revenues from Chicago's new bottled water tax are continuing to trickle in -- at less than half of city projections -- despite claims that consumption would rise during warm-weather months.

City Hall predicted a summer surge after the Chicago Sun-Times reported that the first month of collections from the nickel-a-container tax had fallen far short of the city's projections.

For the first five months of this year, the city collected slightly more than $2 million from the bottled water tax, including $606,286 in April and $472,838 in May.

At that rate, annual collections would be $4.8 million. That's less than 46 percent of the $10.5 million projection included in Daley's tax-laden 2008 budget.

The idea behind the following excerpt should win a place in the Hall of Political Idiocy:

"Single-bottle sales have not been dramatically hurt. It's the bulk purchase, the six-pack and the case that has just been killed. There's no reason someone is gonna pay $1.20 extra for a $4 dollar case of water when they can go to the suburbs to buy it without that," [David Vite, president of the Illinois Retail Merchants Association] said.

HT: Steve Bartin

Posted at 12:54 PM, June 19, 2008 | Trackback | Print | #

June 18, 2008

Monkey Business

Andrew Roth

So with gas prices at their highest levels ever, with Social Security and Medicare going bankrupt, and with the Bush tax cuts set to expire resulting in a massive tax hike for all Americans, what has the U.S. House decided to do?

Yesterday, they voted to spend $5 million to prevent the interstate sale of monkeys. Yes, monkeys. Here's the vote tally.

According to CQ.com ($), Rep. Rob Bishop (R-UT-02) said, "Maybe we should actually spend more time with human primate energy issues, rather than the non-human primate non-issue.”

Posted at 9:03 AM, June 18, 2008 | Trackback | Print | #

June 16, 2008

The Good Samaritan Tax

Andrew Roth

Big government politicians love to tinker with all kinds of new laws in an effort to socially engineer society. Ignoring any possible constitutional constraints, they support proposals that they believe will produce good behavior and good outcomes. Creating laws to that effect is like an itch they've just gotta scratch. But sometimes, these politicians are so hungry for revenue, they'll propose new laws that discourage the kind of behavior that you would think they'd want to promote. It's very revealing. One case in point comes from Tuscon, Arizona. From the Arizona Daily Star:

Let's say you walk out of a restaurant and you see someone's parking meter is about to expire. You've just paid your lunch bill, so you have some change in your pocket. So you figure you might as well throw a dime in the meter to save someone a parking ticket.

You've just done a good deed, right? Wrong.

In saving someone a parking ticket, you could earn yourself a $28 ticket for feeding a meter.

That's right. You can be cited for feeding a meter, which is illegal, even if it's not your meter!

Read it all here.

Posted at 2:47 PM, June 16, 2008 | Trackback | Print | #

April 29, 2008

Tim Pawlenty and Hannah Montana

Nachama Soloveichik

Pawlenty has signed what is being called a Hannah Montana law, that outlaws ticket-buying software that enables users to snap up blocs of tickets, allowing them to resell them at a higher price. This seems to me to be an unnecessary act of intervention on the part of government. Clearly though, I am in the minority. The MN House voted 119-12 to pass it.

Posted at 3:31 PM, April 29, 2008 | Trackback | Print | #