When Liberty Met Bacteria (UPDATED)

Freedom doth not reign supreme in the restrooms of food service establishments all over these great United States, at least according to one Republican senator (h/t Bob):

A freshman GOP senator argued this week that the government should not require food workers to wash their hands after using the toilet, saying “the market will take care of that.”

Sen. Thom Tillis (R-N.C.) called routine hygiene rules an example of government overreach at an event hosted by the Bipartisan Policy Center on Monday.

“I don’t have any problem with Starbucks if they choose to opt out of this policy as long as they post a sign that says, ‘We don’t require our employees to wash their hands after leaving the restroom,’ ” Tillis said to audience laughter in a clip captured by C-SPAN.

“That’s probably one where every business that did that would go out of business,” he conceded, “but I think it’s good to illustrate the point, that that’s the kind of mentality we need to have to reduce the regulatory burden on this country.”

Three observations about this:

1. He might have just been kidding, in which case my only definitive beef with him is that his sense of humor is terrible.

2. In a truly laissez-faire free market, he’s probably right that the market will take care of businesses with poor sanitation, because no one would want to eat at an establishment whose customers keep getting sick. Please note, however, that this requires people to get sick before market forces kick in, and it assumes that consumers have access to accurate information about restaurant cleanliness. That leads me to my third point. Continue reading

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“The Wild West approach to protecting public health and safety”

It is unsurprising, while still disappointing, that Texas lawmakers, along with many citizens, seem to have learned nothing at all from the disaster in West, Texas a few weeks ago. Many have used it as an opportunity to rail against government regulation.

Even in West, last month’s devastating blast did little to shake local skepticism of government regulations. Tommy Muska, the mayor, echoed Governor Perry in the view that tougher zoning or fire safety rules would not have saved his town. “Monday morning quarterbacking,” he said.

Raymond J. Snokhous, a retired lawyer in West who lost two cousins — brothers who were volunteer firefighters — in the explosion, said, “There has been nobody saying anything about more regulations.”

Texas has always prided itself on its free-market posture. It is the only state that does not require companies to contribute to workers’ compensation coverage. It boasts the largest city in the country, Houston, with no zoning laws. It does not have a state fire code, and it prohibits smaller counties from having such codes. Some Texas counties even cite the lack of local fire codes as a reason for companies to move there.

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As federal investigators sift through the rubble at the West Fertilizer Company plant seeking clues about the April 17 blast that killed at least 14 people and injured roughly 200 others, some here argue that Texas’ culture itself contributed to the calamity.

I actually am sympathetic to the argument that additional regulations would not have prevented the explosion, but not in a way that reflects favorably on Governor Perry or anyone else who sides with him. The problem is not a lack of regulations. The problem is that our “business-friendly” culture in Texas has no intention of enforcing the regulations we already have. Spare us the bullshit about not needing more regulations until you have at least tried to do your damn job.

The New York Times quoted my torts professor from UT Law, Thomas McGarity, who sums it up far better than I ever could:

The Wild West approach to protecting public health and safety is what you get when you give companies too much economic freedom and not enough responsibility and accountability.

The greatest irony of West, perhaps, is that the fertilizer involved in the explosion is regulated by the Department of Homeland Security, because it is explosive. If someone had stolen fertilizer from the plant and blown it up somewhere else, these anti-regulation types might be singing a very different tune. Why is an explosion allegedly caused by greed and incompetence that much different from one allegedly caused by terroristic intent?

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