Posts tagged as:

alcohol

I spoke on Thursday to the Bastiat Society chapter in Charlotte with some observations rooted in public choice theory about the “three-tier” system of state liquor regulation familiar since Prohibition. A few further links for those interested in the subject:

Fraternities and liability

by Walter Olson on February 23, 2014

Caitlin Flanagan’s piece in The Atlantic is getting quite a build-up, but Glenn Reynolds concludes that “overall … [it] doesn’t deliver insight commensurate with its length.”

Maryland roundup

by Walter Olson on February 22, 2014

  • Reminder: SB 353, which would ban bringing of knives and other weapons onto private school property whatever the school’s wishes, up for hearing at 1 p.m. Wed. Feb. 26 [text, Senate, related Virginia] With Ninth Circuit’s Peruta decision, Maryland now one of only six holdout states to resist any recognition of gun carry rights [David Kopel]
  • Slew of labor proposals moving through Annapolis would require employers to offer paid sick leave, push unionization on community college employees, and require employers to pay interns’ transportation costs. Study finds boosting state’s minimum wage would cost jobs [WaPo]
  • Supremely irresponsible: state already hobbled by nation’s slowest foreclosure process, but NAACP, Casa de Maryland and Legislative Black Caucus demand six-month foreclosure moratorium on top of that [Washington Post; earlier on Maryland foreclosure law here, here (couple spends five years in million-dollar home without making mortgage payment), here, etc.]
  • Review of recent developments in asbestos litigation in the state [Lisa Rickard, Chamber Institute for Legal Reform]
  • Goodbye to another Free State tradition? Senate votes ban on sale of grain alcohol, with urging from Johns Hopkins Bloomberg nanny crew [Washington Post]
  • Just say no to the Maryland Small Business Development Financing Authority [Mark Newgent, Baltimore Sun]
  • Sen. Zirkin “litigates dog-bite cases on behalf of plaintiffs” and is player on dog bite bill [Insurance Journal]

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Farm and food roundup

by Walter Olson on February 18, 2014

Nanny state roundup

by Walter Olson on February 12, 2014

  • Sock puppets: U.K. and E.U. governments both fund public advocacy campaigns on paternalism themes, effectively lobbying themselves at taxpayer expense. Sounds kinda familiar [Christopher Snowdon on Institute for Economic Affairs studies]
  • Federal government, in the form of the CDC, wishes your doctor would nag you more about your drinking [Jacob Sullum, more]
  • “$10m look into games and gun violence a bust” [Rob Beschizza; Mike Rose, Gamasutra; related, Scott Shackford]
  • Assumption of risk won a round at the California Supreme Court a year ago in a case on amusement park bumper cars [S.F. Chronicle, ABA Journal, related on Disneyland teacups] J.D. Tuccille on motorcycle risks [Reason]
  • As a country Australia is known for freedom, so why’s it a leader in enacting bans? [Vivienne Crompton, IPA "Freedom Watch"]
  • “Maine’s unwise and unconstitutional ban on disclosing the alcohol content of beers” [Jonathan Adler]
  • FDA mandate on removal of nicotine could benefit head regulator’s former client [Jacob Grier] Glaxo SmithKline, Johnson & Johnson also push bans on e-cigarettes, which compete with their nicotine therapies [Tim Carney] AGs from 24 states (AL, AZ, CA, CO, CT, DE, HI, ID, IL, IN, IA, ME, MD, MS, MT, NH, NM, NY, OH, OR, PA, RI, VT, WA) write FDA urging ban on menthol in cigarettes [CSPNet] “Cigarette Sin-Tax Hike Could Boost Black Markets” [Steven Greenhut] Brendan O’Neill on secondhand smoke [Reason]

Food roundup

by Walter Olson on December 31, 2013

  • Gee, thanks, NIH: “Taxpayer-Funded Propaganda to Show the ‘Evils’ of Private Alcohol Sales” [Michelle Minton, CEI]
  • “So this summer, under the supervision of officials from U.S. Customs, all three thousand two hundred and ninety-seven pounds of Mimolette were tossed into dumpsters and doused in bleach.” [The New Yorker, Dec. 9, subscription; S.F. Chronicle, earlier on French cheese controversy here, here, etc.]
  • FDA forced to back off FSMA regs, NYC soda ban loses twice in court, and other highlights of the year in food freedom [Baylen Linnekin] “Americans Think They Should Be Allowed to Buy Foods with Trans Fats and Caffeinated Energy Drinks” [Emily Ekins on new Reason-RUPE poll] “The Dangers of a Soda Tax” [Trevor Burrus] Linnekin podcast on FDA’s trans-fat ban [Cato, Caleb Brown interview]
  • “Annals of Closing Statements in Exploding Bottle Cases” [Kyle Graham]
  • “Minnesota says raw milk makes more people sick than recognized” [L.A. Times]
  • It’s for the children: proposals for regulating in-store food marketing [Jennifer Pomeranz via Public Citizen]
  • Federal sugar program devastated domestic candy manufacturing, as WaPo (sometimes) recognizes [Chris Edwards]

It’s illegal to have an open bar at a ticketed event in Massachusetts, and if you overlook that rule the Boston cops might just show up and get you to “voluntarily” turn some of the event’s proceeds over to them. [Clark at Popehat]

Around half the states, including Vermont, ban “happy hour” promotions at drinking establishments. At Watchdog.org, Jon Street quotes me suggesting it’s past time for the Green Mountain State to drop its ban:

Walter Olson, a senior fellow for constitutional studies at The Cato Institute, a libertarian-leaning, Washington, D.C.-based think tank, told Vermont Watchdog, “Why should Vermont insert itself between deals that please restaurants and customers alike?”

“When young people are starting out in the job world, they like moving to the sorts of places where there’s happy hour… It’s good for main streets that don’t want to go dead when the work day ends, good for restaurants trying to reach new customers, and good for tourism. The toll of drunk driving across America has plunged tremendously, both in states that have bans and in those that don’t, and it’s hard to see any difference there,” Olson said.

The happy hour controversy flared up earlier this year in Massachusetts [coverage: MSN, ABC, Consumerist, and Boston Globe (pro-happy-hour column by Farah Stockman)]. Texas alcoholic beverage regulators have a table of state laws here (PDF)

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Labor and employment roundup

by Walter Olson on November 25, 2013

  • Ostrowsky v. Con-Way: “Alcoholic Truck Driver’s Relapse Is Grounds for Firing, Third Circuit Rules” [Legal Intelligencer]
  • “Most minimum-wage workers are members of families with an average income of $42,500″ [Richard Rahn] “Increases in the minimum wage actually redistribute income among poor families by giving some higher wages and putting others out of work” [David Henderson] “Most Americans Favor Raising the Minimum Wage, Unless it Costs Something” [Emily Ekins]
  • Time Warner case: “Is the denial of paid paternity leave discriminatory?” [Jon Hyman]
  • We’d never saddle consumers with the sorts of harassment/discrimination liability we saddle businesses with; let’s consider why [Bryan Caplan]
  • “Special Exemptions: How Unions Operate Above the Law” [Kevin Mooney, CPPC UnionWatch]
  • Should free-marketeers appreciate “alt-labor” (worker centers, etc.) as less coercive than the New Deal union model? [Robert VerBruggen, Ben Sachs, more]
  • Worker hands office colleague an article titled “De-clawing cattiness at work” and nothing good ensues [Employers Lawyer]

Christopher Snowdon on Britain’s hypertrophy of public health [Spiked Online]:

…["Public health"] once meant vaccinations, sanitation and education. It was ‘public’ only in the sense that it protected people from contagious diseases carried by others. Today, it means protecting people from themselves. The word ‘epidemic’ has also been divorced from its meaning – an outbreak of infectious disease – and is instead used to describe endemic behaviour such as drinking, or non-contagious diseases such as cancer, or physical conditions such as obesity which are neither diseases nor activities. This switch from literal meanings to poetic metaphors helps to maintain the conceit that governments have the same rights and responsibility to police the habits of its citizens as they do to ensure that drinking water is uncontaminated. …

Once again, all it took was a change in terminology. A ‘binge-drinker’ had traditionally been someone who went on a session lasting several days. Now it means anyone who consumes more than three drinks in an evening. … Today, if you are gripped by an urge to eradicate some bad habit or other, you no longer have to make a nuisance of yourself knocking door-to-door or waving a placard in some dismal town square. You can instead find yourself a job in the vast network of publicly funded health groups and transform yourself from crank to ‘advocate’. … Although ‘public health’ is still popularly viewed as a wing of the medical profession, its enormous funding and prestige has attracted countless individuals whose lack of medical qualifications is compensated by their thirst for social change.

“Sin” taxes? “Fines for living in a way that displeases a purse-lipped elite.” For persons who are going to live well into old age in any event, the question is not so much “preventing” one eventual cause of death as swapping one for another, perhaps more troublesome cause. And always, always the moralizing:

It can scarcely be coincidence that the main targets of the public-health movement are the same vices of sloth, gluttony, smoking and drinking that have preoccupied moralists, evangelists and puritans since time immemorial. HL Mencken long ago described public health as ‘the corruption of medicine by morality’.

Whole thing here.

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  • More details on my panel discussions on food issues next week at the Heritage Foundation [Monday, Sept. 23] and at Vermont Law School [Friday, Sept. 27];
  • “A Ban on Some Italian Cured Meat Is Ending” [Glenn Collins, N.Y. Times] “Market Forces Lead to Better Treatment for Farm Animals” [Steve Chapman]
  • “Tempering temperance: Puritan attitudes on alcohol still linger decades after Prohibition” [National Post]
  • Dozens of class-action suits: “Bay Area courts center of legal battle against food industry” [Mercury-News]
  • “Plain and/or Terrifying Packaging Considered for Junk Food in New Zealand (and Australia)” [Katherine Mangu-Ward]
  • If the dangers of rice aren’t enough to alarm even today’s Margaret Hamburg-headed FDA, they’re probably not very serious [ACSH]
  • North Carolina: home visits to make sure Medicaid recipient kids are eating their veggies? [Rick Henderson video]

After pleading guilty to driving under the influence, two New Jersey men “subsequently brought a product liability action against the company that made the breath-testing device used to establish their BACs as being in excess of .08%.” Asking for class action status on behalf of all New Jersey drivers convicted after blowing into the device, the “plaintiffs claimed that ‘the Alcotest 7110 contains latent design defects in that it is a piece of respiratory equipment that is not standardized at frequent intervals and there is no provision for calibration of its pulmonary reporting apparatus.’” A court ruled the complaint inadequate on the pleadings, though it has given them a chance to replead. [Steve McConnell, Drug and Device Law]

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Nanny state roundup

by Walter Olson on July 12, 2013

  • “Sneaky public-health messaging appears to be on the upswing across the country” [Baylen Linnekin, NY Post; earlier here, here, etc.]
  • Scotland: “Parents warned they could face court for lighting up at home in front of kids” [The Sun] And Sweden: “Law professor calls for ban on parents drinking” (in presence of kids) [The Local via @FreeRangeKids]
  • Speaking of tobacco: “Former German Chancellor Stays One Step Ahead of European Nannies, Hoards Cigarettes” [Matthew Feeney on Helmut Schmidt]
  • Speaking of alcohol: ObamaCare slush fund bankrolling anti-booze advocacy in Pennsylvania [Mark Hemingway, earlier]
  • To fix the nation’s weight problem, socially discourage processed foods. Right? Wrong [David Freedman, Atlantic]
  • Mark Steyn on federal regulation requiring emergency bunny plan for magicians [NRO, more, earlier]
  • Run for your life! It’s a falling toilet seat! [Free-Range Kids]

Food roundup

by Walter Olson on June 19, 2013

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“Plans to ban the pint glass from pubs throughout the Highlands of Scotland have sparked outrage. The traditional vessel is already outlawed in nightclubs in the Highlands, which are forced to serve all drinks – including champagne, cocktails and the finest malt whiskies – in plastic containers after 9pm because of police fears over potential injury.” The Highland Licensing Board is now proposing to extend the scheme further, against objections from pub owners as well as critics of the Nanny State generally. [Telegraph]

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May 20 roundup

by Walter Olson on May 20, 2013

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“Young New Yorkers would not be able to buy cigarettes until they were 21, up from the current 18, under a proposal advanced [last month] by Dr. Thomas A. Farley, the city’s health commissioner, and Christine C. Quinn, the City Council speaker.” [New York Times via J.D. Tuccille] Or at least would not be able to buy them legally: according to estimates from the Mackinac Institute, New York state already has the nation’s highest rate of smuggled cigarette consumption, at more than 60 percent of its total market. [Catherine Rampell, NYT; Mackinac; Tax Foundation; Christopher Snowdon, "The Wages of Sin Taxes" (CEI, PDF)]

More: As the legal drinking age has been pushed upward in recent years, the average age of first use of alcohol has fallen markedly [Tuccille]

“A police officer fired for driving drunk in an unmarked police car while off-duty has filed a $6 million lawsuit against the city of Gresham, the police chief and others, alleging his rights were violated under the Americans with Disabilities Act. The lawsuit filed in Portland alleged the officer, Jason Servo, was suffering from alcoholism, a recognized disability under the act, and shouldn’t have been dismissed.” [AP] In my book The Excuse Factory I sketched some of the history of how alcoholism (at least when the subject declares a willingness to participate in rehab) came to be protected under the ADA.

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