Posts Tagged ‘alcohol’

February 27 roundup

Agreeing with EEOC, jury awards demoted boozing truck driver $119,000

In 2009, a driver with Old Dominion Freight Line, Inc., admitted to the company that he had an alcohol problem. The company told him that it would no longer allow him to drive heavy trucks for the firm. (It said it offered him a less safety-sensitive, but also significantly lower-paying, dock job.) The Equal Employment Opportunity Commission (EEOC) stepped in and sued on his behalf under the Americans with Disabilities Act (ADA). It conceded that Old Dominion could (and indeed had to) take the keys away from a heavy truck driver it found to be currently drinking on the job, but contended it had failed in its obligation to “make an individualized determination as to whether the driver could return to driving and provide a reasonable accommodation of leave to its drivers for them to obtain treatment.” Of course backsliding and remission are common following rehab treatment, which means as a group drivers with known past alcohol problems will have a higher risk profile than drivers without. That is why at an earlier stage of the case I asked, “Are we really required to take chances with 18-wheelers on the highway?”

Now we know the answer: Yes. A jury agreed with the EEOC and awarded the driver $119,000 in back pay.

P.S. On the other hand, upholding the decision of a federal district court in Georgia, the Eleventh Circuit has ruled that Crete Carrier Corp. did not violate the ADA when it declined to employ a truck driver with a “current clinical diagnosis of alcoholism,” a bar to driving under DOT regulations.

Prohibition and the lessons of Repeal Day

Last month the Cato Institute hosted a panel celebrating Repeal Day
with me, alcohol policy expert Michelle Minton of the Competitive Enterprise Institute, Stacia Cosner of Students for Sensible Drug Policy, and Cato Digital Marketing Manager Kat Murti as moderator.

On December 5, 1933, the 21st Amendment to the Constitution was ratified, supposedly ending our nation’s failed experiment with prohibitionism. Yet, 81 years later, modern-day prohibitionists continue to deny the laws of supply and demand, attempting to control what individuals can choose to put into their own bodies….

Some links related to the discussion:

  • All the panelists quoted from Daniel Okrent’s excellent history of Prohibition, Last Call. You can find out more about the book at the author’s site.
  • I quote from a speech by the late Christopher Hitchens delivered ten years almost to the day before our panel. It is excerpted in this David Boaz post.
  • Radley Balko wrote a 2003 Cato Policy Analysis, “Back Door to Prohibition: The New War on Social Drinking“. More: The federal Centers for Disease Control, as I noted, has been an agency of choice for public health campaigners because of its legacy of scientific credibility, yet this credibility is itself put increasingly at risk as the CDC lends its name to propaganda. Jacob Sullum provides examples from the agency’s elastic application of the term “binge drinking” to the trouble it seems to have acknowledging that minor alcohol consumption does not seem to correlate with poor health outcomes;
  • As I mention, the Prohibition episode was important in eroding constitutional protections against various law-enforcement tools, especially search and seizure, the law being inherently aimed at contraband goods. The same is true of the nascent Drug War undertaken following the Harrison narcotics act of 1914. You can read about one of the resulting Supreme Court cases here.
  • The role of exorbitant cigarette taxes in contributing to New York’s giant black market in cigarettes came to wider public notice following the police custody death of Eric Garner on Staten Island; more here, here, etc. The New York Post reported that Mayor Bill de Blasio ordered the city law department to refrain from filing an intended press release over a would-be landmark suit filed over untaxed cigarettes the week of the Garner grand jury decision, because it interfered with City Hall’s efforts to downplay the role of the tobacco black market.

Food and beverage roundup

Friday at Cato, Repeal Day celebration: “Prohibition Still Doesn’t Work”

Register here for the 5 p.m. Cato event. Description:

Featuring Walter Olson, Senior Fellow, Center for Constitutional Studies, Cato Institute & Editor, Overlawyered.com (@walterolson); Stacia Cosner, Deputy Director, Students for Sensible Drug Policy (@TheStacia); Michelle Minton, Fellow in Consumer Policy Studies, Competitive Enterprise Institute (@michelleminton); moderated by Kat Murti, Digital Marketing Manager, Cato Institute (@KatMurti).

On December 5, 1933, the 21st Amendment to the Constitution was ratified, supposedly ending our nation’s failed experiment with prohibitionism. Yet, 81 years later, modern-day prohibitionists continue to deny the laws of supply and demand, attempting to control what individuals can choose to put into their own bodies.

Please join the Cato Institute for a celebration of the 81st anniversary of the repeal of alcohol prohibition. Panelists will discuss modern prohibitions—from the Drug War to blue laws; tobacco regulation to transfats—drawing connections with their earlier antecedent.

Alcoholic beverages and other commonly restricted refreshments (bring on the trans fats!) will be served following the discussion.

#CatoDigital (formerly #NewMediaLunch) is a regular event series at the Cato Institute highlighting the intersection of tech, social media, and the ideas of liberty.

This event will be live-streamed and questions may be submitted via Twitter using #CatoDigital.

If you can’t make it to the Cato Institute, watch this event live online at www.cato.org/live and follow @CatoEvents on Twitter to get future event updates, live streams, and videos from the Cato Institute.

Food roundup

  • Hashtag #ThanksMichelleObama trends on Twitter after high schoolers tweet it with pics of unappetizing lunch trays, provoking “shut up and eat what’s put in front of you” reactions from some who support the new federally prescribed rules. Maybe better to listen instead? [Kevin Cirilli, The Hill, Rachel Zarrell, BuzzFeed]
  • “After suing a small California company for calling its eggless product ‘Just Mayo,’ Hellmann’s maker Unilever tweaked references on its websites to products that aren’t exactly mayonnaise either.” [AP/Tulsa World]
  • Mark Bittman/Michael Pollan scheme for national food policy? Send it back to the kitchen, please [Elizabeth Nolan Brown]
  • Johnny Appleseed, substance abuse enabler [Natasha Geiling, Smithsonian]
  • One factor behind drive for new GMO non-browning potato: legal pressure against acrylamide, naturally forming browning component, by way of Calif. Prop 65 lawsuits and regulations [Guardian, New York Times]
  • Costly, fussy, coercive: Minneapolis micromanages convenience food sales [Baylen Linnekin]
  • No, FSMA isn’t worth the damage it’s doing to food variety and smaller producers [same]

More on that California college sex law

Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]:

“New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex “says that a person cannot give consent if they are intoxicated.” But it does not say this. What it actually says is that “consent” is absent when “the complainant was incapacitated” due to alcohol.

Most intoxicated people are not legally deemed “incapacitated” and can consent, as law professor Anne Coughlin and the Foundation for Individual Rights in Education have noted.

Many happily married people have sex after drinking. While some liberal Democrats who sponsored SB967 wanted to ban sex between intoxicated people, the final version of the bill does not do so.

Admittedly, the new law is disturbingly vague in other ways. Its co-sponsor, Assemblywoman Bonnie Lowenthal (D-Long Beach), said, “Your guess is as good as mine,” when asked how an innocent person could prove “affirmative” consent.

Hans Bader, Washington, D.C.

“California Destroys Winery Over Use of Volunteers”

“California has a state law that prohibits for-profit companies from using volunteer labor.” That spelled doom for little Westover Winery in Castro Valley, which cleared around $11,000 in profits a year for its owning couple and used unpaid volunteers, many of them amateurs who wanted to learn the wine business. The state hit the business with $115,000 in fines and wiped it out, to the unhappiness of some of the displaced volunteers. [Scott Shackford, Reason; Rebecca Parr, Daily Review/San Jose Mercury News] More: A Debra Saunders column. And I mention this episode, along with the one linked below about a California law combating off-books contractors, in a new Cato post about how licensed and compliant businesses often support making government more powerful and invasive so as to go after the other kind.

Alcohol roundup

“The Evangelical Origins of the Living Constitution”

George Leef reviews a new book by John Compton, political scientist at Chapman University, on how evangelical anti-vice campaigns against gambling, liquor and other social ills helped undermine the Constitution’s curbs on centralized power, paving the way for later Progressive gains.

The tension between moral reformers who insisted on a virtually unlimited view of the “police powers” of government (i.e., to regulate in ways intended to protect the health and morals of the citizenry) and the Constitution’s framers, who feared the results of allowing factions to use government power for their ends, was crucial in shaping constitutional law during the 19th and early 20th centuries.

The book shows that by the time the New Deal’s aggressive expansions of federal power came before the Supreme Court, its earlier decisions in favor of approving legislation against liquor and lotteries had so undermined the defenses of property rights, contract, and federalism that it was nearly inevitable that the Court would cave in.

For example, when the Court decided the 1934 case of Blaisdell v. Savings and Loan, gutting the former understanding of the impairment of contracts clause, Chief Justice Charles Evans Hughes cited an earlier decision on interstate shipment of lottery tickets which had acquiesced in a new extension of the police power, on the grounds that a previously sacrosanct constitutional barrier could be “qualified” when a state needed to “safeguard the interests of its people.” [Forbes]