Local Health Officials Close Down Little Girl's Lemonade Stand!
Investigating the grave danger to public health of renegade lemonade stands. by Gene DeNardo
(libertarian)
Monday, August 9, 2010
Officials from the Multnomah County Health Department shut down a seven year old girl's lemonade stand at a popular street fair on August 4th. One official approached the stand and informed little Julie that she was violating the health code by operating an outdoor food stand without the proper licensing.
Probably fearing armed resistance from the girl, the official called for backup. The two officials were then able to reprimand the girl and threaten a five hundred dollar fine if she refused to close shop. The little girl now in tears packed up and went home with her mom.
The girl was lined up with various other food vendors at the monthly event in Portland known as Alberta Street First Thursday.
This event began several years ago as basically a spontaneous party. It grew each month as more local business folks became involved, local musicians played music and artists showed their wares on Alberta Street. It now draws thousands of people.
The event irks the city because no one has bothered to pull a permit for an outdoor festival event. Since no one has actual "control" over the event, the city doesn't know where to go to collect the couple of thousand bucks for the permit or to call an end to the monthly party.
The police department is also upset at the Alberta Street Fair and claims it costs them about ten thousand dollars to keep the peace, the one day a month the fiesta occurs. Not sure exactly what would cost ten thousand dollars during a half day street fair but I guess the general idea is that the locals might go ballistic if the police weren't there.
To be fair, there has been some history of rowdiness and a few isolated incidents of property damage but not nearly enough to warrant the overreaction. 10,000 clams would buy quite a bit of property damage insurance.
Authorities also might run into resistance if they attempted to shut it down, as the area is known as "alternative" and the locals probably wouldn't go down quietly. Add to that, the entire town loves the event and folks come from near and far. It is sort of a "bohemian" version of your upscale art walks that are common in more exclusive neighborhoods. Like Muzak played by a heavy metal band!
The poor little girl has drawn incredible support. Everyone is calling for more restraint and the Multnomah County board chairman has issued a public apology saying the officials didn't use "good judgment" in enforcing the codes.
But, I have to disagree. They did exactly what they are paid to do, apply the law equally and justly with no exceptions.
How would this be: no outdoor food vendors without a permit unless, they are little girls or they are pretty ladies between twenty and thirty five or they are of Scandinavian descent. White Anglo Saxon Protestant males are not eligible for permits. Or, lemonade is okay but not orange juice stands.
No. they did their job as the law requires. And, another thing about their job: a one day outdoor food permit is $125.
That is a lot of lemonade. I have sold at a couple of farmer's markets, to make use of fruit from some over productive cherry trees and $125 is not a bad take for a small time vendor. $200 is decent and above that is all gravy.
So how can the little guys [and girls] make it worth their while to offer food choices to the public when the County is taking $125 right off the top? $125 means a lot less to the pro vendor who might pull in six or seven hundred dollars, but it is a huge chunk out of the little guy's pocket.
Isn't this a classic case of how government selects those who benefit from its rules and regulations and those who are disadvantaged? Laws that are suppose to protect the health and well being of its citizens but instead eliminate competition for the bigger dogs and leave the consumer with fewer choices and higher prices? Little Julie is left out of the game and Big Lemon, LLC Inc. is off to the races. It's not long before a glass of lemonade puts you back five bucks, tastes like it was made two years ago and everyone is saying "remember the good ole days"!
If you want to get the big picture view of this monopoly condition, do some reading on the history of the meat packing industry. How the large packers used Teddy Roosevelt and his "Bureau of Corporations" administration to lock up the foreign markets for themselves and eliminate the small packers by instituting the regulatory process at the federal level.
So putting aside for a moment the option of completely eliminating the local "Department of Health", how about we remove the "barrier of entry" for small vendors by dropping the permit fee entirely? Instead, charge a reasonably small rent for the exclusive use of public property [sidewalk, etc]. To be fair, charge the fee by the square foot of space used. An inspector can attend the fair, collect the fees, inspect food and go home.
There is no reason to interfere with food marketed/served on private property. The consumer can decide for himself what good food is, although the local court system must provide for a speedy hearing of any toxic food complaint and reward quick compensation. The court should have the power to close any establishment based on present and prior litigation. All hearings and decisions should be jury tried, just as any hearing should be. A mediation system would also prove beneficial.
There must be functioning courts when regulatory agencies are eliminated. The regulatory agencies themselves are the product of two forces: industry pressure to remove competition and the need of the populace for protection not from the industry but from a non functioning court system. Industry cannot maintain a pattern of inflicting harm or injury without the protection of the state.
That done, all our health officials will then have plenty of time to do their job: spot the rotten food! If they find too much time on their hands, maybe they can sell lemonade!
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The views expressed
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do not represent the views of Nolan Chart, LLC or its affiliates.
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