Archive for September, 2015

NYC mandates high-salt symbols on chain restaurant menus

Bloomberg-era nannying continues under Mayor Bill de Blasio: “The [New York City] Board of Health voted unanimously to require chain eateries to put salt-shaker emblems on menus to denote dishes with more than the recommended daily limit of 2,300 milligrams of sodium.” [Associated Press] There are several problems with this, beginning with the coercion: it’s not the proper role of government to force itself on the marketplace as a diet and health adviser. The salt guidelines themselves, moreover, are so rigorous in their demands for salt restriction that only one in ten Americans currently succeeds in meeting them; while some persons (notably cardiac patients) can lower their risk by going on a salt-restricted diet, it seems to confer no benefit on many others and may even bring health risks of its own. Aside from breeding “warning fatigue” that encourages consumers to ignore increasingly complicated signage, the measure brings serious compliance costs, especially if restaurants try to introduce new offerings frequently or vary their offerings to reflect local or individual customer preferences. Finally, the de Blasio administration bypassed the City Council (which by design is answerable to the entire city, including consumer and business voters) in favor of going for an edict by the Board of Health. Mayor Bloomberg tried the same tactic with his soda ban, only to see it struck down by the courts.

Last night I discussed the news on Fox News “Special Report” with Bret Baier. Update: here’s a link.

“Hillary: ‘I Am Going To Make Some Employers Go to Jail'”

“I’m going to make sure that some employers go to jail for wage theft and all the other abuses that they engage in,” said unpaid-intern-using presidential hopeful Hillary Clinton at a Labor Day rally in Illinois. [Tom S. Elliott, National Review] The elastic epithet “wage theft” has been used to describe employer practices ranging from permitting employees to send work-related email after hours to failing to anticipate claims that employees who applied for and happily worked at fixed-salary jobs should instead have been classified as hourly and paid overtime.

Police roundup

  • Ex-Costa Mesa police union head testifies re: scheme to set up councilman on bogus DUI charge [Daily Pilot, our earlier coverage of the scandal]
  • Ferguson-1-year-later stories should concede that initial “hands-up” accounts of the Michael Brown shooting were wrong, no? [Greg Weiner, Law and Liberty]
  • “Cops: We ‘Expected Privacy’ Because We Tried to Smash All the Cameras” [Lowering the Bar, Conor Friedersdorf/The Atlantic on Santa Ana, Calif. police union’s effort to suppress evidence in dispensary raid case]
  • Beach patrol, serving warrants, college football display: reasons departments gave in 465 requests for mine-resistant ambush protected (MRAP) vehicles from the Pentagon’s 1033 program [Molly Redden, Mother Jones via Anthony Fisher, Reason]
  • “Prosecutors’ union inadvertently demonstrates why local prosecutors shouldn’t investigate police shootings” [Radley Balko]
  • Past time for a public airing of what went on in the Chicago facility known as Homan Square [Spencer Ackerman and Zach Stafford, The Guardian]
  • Which human decision-making process claims a mere 0.25% error rate? Shootings by Chicago police [Coyote, Radley Balko on investigator in that city fired for resisting pressure to exonerate cops]

Virginia ordinance: county can order firing of ex-offenders

It’s like some weird inversion of the (itself bad) big-city trend toward “ban-the-box” laws restricting private employers’ right to ask about criminal records: Amherst County, Virginia, has passed a law under which the county can revoke the business license of any business that employs a convicted felon, or one convicted of a misdemeanor involving “moral turpitude.” [Eugene Volokh]

September 9 roundup

  • Mess surrounding ex-Willkie partner could drag down giant credit card settlement after exposure of “burn this” emails to adverse lawyer [Alison Frankel, WSJ Moneybeat, New York Post]
  • “The war against homeschooling is…not a fight to make sure children are safer/better educated” [Bethany Mandel, Acculturated, reacting to ProPublica/Slate piece raising alarms about how, e.g., 48 states don’t make parents go through background checks before being allowed to homeschool their kids] ProPublica also complains that parents with criminal records are allowed to homeschool; did they run this by the “Ban the Box” advocacy groups?
  • President Jimmy Carter’s deregulatory record looks even better in retrospect [Cato podcast with Peter Van Doren, Caleb Brown]
  • Ugly tactic: protesters rally at home of Judge Bunning in Kim Davis case [River City News, Kentucky; links to some other instances]
  • “Obama celebrates Labor Day by making it more expensive to hire employees”; executive order requires federal contractors to provide paid sick leave [W$J, Sean Higgins/Washington Examiner (“offering paid leave is already the norm among the vast majority of federal contractors”)]
  • “FBI, DEA and others will now have to get a warrant to use stingrays” [ArsTechnica]
  • After the prosecutorial abuses: “John Doe Reform Bill Moves to Assembly” [Right Wisconsin]

Discrimination law roundup

  • Another web accessibility settlement from the U.S. Department of Justice, this time Carnival cruise lines [Minh Vu and Paul H. Kehoe, Seyfarth Shaw, my warnings on legally prescribed web accessibility]
  • A topic I’ve often discussed: “Has The ADA Broken Its Economic Promises To People With Disabilities?” [Amelia Thomson-Deveaux, Five Thirty-Eight]
  • Nebraska meat-packer tried too hard to hire only legal workers, will now pay dearly for asking for too many documents [Department of Justice press release]
  • Owing to discrimination, a Colorado couple had to drive a few extra miles to get a cake, and fly 2000 extra miles to get a marriage license. So guess who’s now in legal trouble for inconveniencing them [Jacob Sullum, New York Post] Sen. Ted Cruz sounds as if he might be skeptical of religious discrimination laws as applied to public accommodation, and down that path might be found libertarian wisdom [Scott Shackford, Reason]
  • EEOC says University of Denver Law School must pay its female faculty more [Denver Post, TaxProf]
  • “Court Rejects The EEOC’s Novel Attempt To Impose Disparate Treatment Liability Without Any Injury” [Seyfarth Shaw; EEOC v. AutoZone, N.D. Ill.]
  • Because more coercion is always the answer: France considers ban on “discrimination” against poor [Frances Ryan, The Guardian]

We’re from the government and we’re here to help, part 726,914

The Consumer Financial Protection Bureau (CFPB)’s campaign against disparate impact in car loans is raising costs for some borrowers. Thanks, Sen. Warren! “The results highlight the sometimes unpredictable consequences of attempts to regulate lending practices…. Efforts by the CFPB to police the fairness of auto loans have accelerated in recent years under Director Richard Cordray.” [Morningstar/Dow Jones, W$J]