Andrew Colclough

No toy for you, Junior.

Not if you live in unincorporated Santa Clara County, where the Board of Supervisors voted Tuesday to ban restaurants from giving away toys with children's meals that exceed set levels of calories, fat, salt and sugar.

The ordinance, which the board passed by a 3-2 vote, is believed to be the first of its kind in the nation. The target is the fast-food industry and what critics call its practice of marketing unhealthful food to children and fueling an epidemic of obesity among the young.

"This ordinance breaks the link between unhealthy food and prizes," said the law's author, Supervisor Ken Yeager. "Obviously, toys in and of themselves do not make children obese. But it is unfair to parents and children to use toys to capture the tastes of children when they are young and get them hooked on eating high-sugar, high-fat foods early in life."

$1,000 fine for violations

Representatives for the California Restaurant Association, whose members include chains that opposed the ordinance, have 90 days to offer an alternative to the legislation. Violations under the version the board approved Tuesday would be punishable by fines of as much as $1,000 for each meal sold with a toy.

Yeager said he hopes the law will inspire cities and counties across the country to follow suit like "ripples that create a wave."

The law bans toy giveaways in children's meals that contain more than 485 calories, derive more than 35 percent of their calories from fat or 10 percent from added sweeteners, or have more than 600 mg of sodium. The totals are based on children's health standards set by the U.S. Department of Health and Human Services.

Of the 151 restaurants in unincorporated Santa Clara County that are covered by the law, a dozen are part of fast-food chains that offer children's meals.

The county was among the first in the nation two years ago to require restaurants to display nutritional values on menus, legislation that has since been adopted by other jurisdictions, said Miguel Marquez, acting county counsel.

Marquez said his office has been contacted by officials from Orange County, Chicago and New York City about Yeager's toys ordinance. In San Francisco on Tuesday, Supervisor Eric Mar asked the city attorney to draft legislation similar to Santa Clara County's law.

"Just as with menu labeling, this is clearly within our authority," Marquez said. "We're on firm legal ground here."

Marquez said enforcement will be the job of county public health inspectors.

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

-C. S. Lewis

Hot tip for Californians: It's not the marketing and fast food industries -> It's CRAPPY LAZY PARENTS acting by their own free choice to shovel garbage into their children's gaping maws!

And for God's sake Mr. Marquez, stop trying to force your vision and will upon other people.

The Desire to Rule Over Others

This must be said: There are too many "great" men in the world — legislators, organizers, do-gooders, leaders of the people, fathers of nations, and so on, and so on. Too many persons place themselves above mankind; they make a career of organizing it, patronizing it, and ruling it.

Now someone will say: "You yourself are doing this very thing." True. But it must be admitted that I act in an entirely different sense; if I have joined the ranks of the reformers, it is solely for the purpose of persuading them to leave people alone. I do not look upon people as Vancauson looked upon his automaton. Rather, just as the physiologist accepts the human body as it is, so do I accept people as they are. I desire only to study and admire.

My attitude toward all other persons is well illustrated by this story from a celebrated traveler: He arrived one day in the midst of a tribe of savages, where a child had just been born. A crowd of soothsayers, magicians, and quacks — armed with rings, hooks, and cords — surrounded it. One said: "This child will never smell the perfume of a peace-pipe unless I stretch his nostrils." Another said: "He will never be able to hear unless I draw his ear-lobes down to his shoulders." A third said: "He will never see the sunshine unless I slant his eyes." Another said: "He will never stand upright unless I bend his legs." A fifth said: "He will never learn to think unless I flatten his skull."

"Stop," cried the traveler. "What God does is well done. Do not claim to know more than He. God has given organs to this frail creature; let them develop and grow strong by exercise, use, experience, and liberty."

Let Us Now Try Liberty

God has given to men all that is necessary for them to accomplish their destinies. He has provided a social form as well as a human form. And these social organs of persons are so constituted that they will develop themselves harmoniously in the clean air of liberty. Away, then, with quacks and organizers! A way with their rings, chains, hooks, and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations!

And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works.

-The Law, Frederick Bastiat

Some New York City chefs and restaurant owners are taking aim at a bill introduced in the New York Legislature that, if passed, would ban the use of salt in restaurant cooking.

"No owner or operator of a restaurant in this state shall use salt in any form in the preparation of any food for consumption by customers of such restaurant, including food prepared to be consumed on the premises of such restaurant or off of such premises," the bill, A. 10129 , states in part.

The legislation, which Assemblyman Felix Ortiz , D-Brooklyn, introduced on March 5, would fine restaurants $1,000 for each violation.

I would up the ante and call this mildly tyrannical. Not "tyranny" in the violent dictatorial sense, but what Alexis de Tocqueville described as a paternalistic state, or a "soft despotism." Did you ever imagine that in America - the State would have the power to choose for a restaurant owner whether or not they could add salt to their entrées?

If you love liberty, this type of thing should make you sick. If the problem is 'too much salt' - what is needed is something which used to be considered a quality of a mature adult -- Common Sense... Contrast that with this paternalistic legislative action which treats individual free people as so infantile in thought and action, that they are incapable of making reasoned judgements concerning their own health.

Here an an excerpt from Tocqueville's Democracy In America (emphasis added):

===

It seems that if despotism came to be established in the democratic nations of our day, it would have other characteristics: it would be more extensive and milder, and it would degrade men without tormenting them. .  .  .

When I think of the small passions of men of our day, the softness of their mores, the extent of their enlightenment, the purity of their religion, the mildness of their morality, their laborious and steady habits, the restraint that almost all preserve in vice as in virtue, I do not fear that in their chiefs they will find tyrants, but rather schoolmasters. .  .  .

I want to imagine with what new features despotism could be produced in the world: I see an innumerable crowd of like and equal men who revolve on themselves without repose, procuring the small and vulgar pleasures with which they fill their souls. .  .  .

Above these an immense tutelary power is elevated, which alone takes charge of assuring their enjoyments and watching over their fate. It is absolute, detailed, regular, far-seeing, and mild. It would resemble paternal power if, like that, it had for its object to prepare men for manhood; but on the contrary, it seeks only to keep them fixed irrevocably in childhood; it likes citizens to enjoy themselves provided that they think only of enjoying themselves. It willingly works for their happiness; but it wants to be the unique agent and sole arbiter of that; it provides for their security, foresees and secures their needs, facilitates their pleasures, conducts their principal affairs, directs their industry, regulates their estates, divides their inheritances; can it not take away from them entirely the trouble of thinking and the pain of living?

So it is that every day it renders the employment of free will less useful and more rare; it confines the action of the will in a smaller space and little by little steals the very use of it from each citizen. .  .  .

Thus, after taking each individual by turns in its powerful hands and kneading him as it likes, the sovereign extends its arms over society as a whole; it covers its surface with a network of small, complicated, painstaking, uniform rules through which the most original minds and the most vigorous souls cannot clear a way to surpass the crowd; it does not break wills but it softens them, bends them, and directs them; it rarely forces one to act, but it constantly opposes itself to one’s acting; it does not destroy, it prevents things from being born; it does not tyrannize, it hinders, compromises, enervates, extinguishes, dazes, and finally reduces each nation to being nothing more than a herd of timid and industrious animals of which government is the shepherd

. .  .  .

Subjection in minor affairs breaks out every day and is felt by the whole community indiscriminately. It does not drive men to resistance, but it crosses them at every turn, till they are led to surrender the exercise of their own will. Thus their spirit is gradually broken and their character enervated; whereas that obedience which is exacted on a few important but rare occasions only exhibits servitude at certain intervals and throws the burden of it upon a small number of men. It is in vain to summon a people who have been rendered so dependent on the central power to choose from time to time the representatives of that power; this rare and brief exercise of their free choice, however important it may be, will not prevent them from gradually losing the faculties of thinking, feeling, and acting for themselves, and thus gradually falling below the level of humanity.

I add that they will soon become incapable of exercising the great and only privilege which remains to them. The democratic nations that have introduced freedom into their political constitution at the very time when they were augmenting the despotism of their administrative constitution have been led into strange paradoxes. To manage those minor affairs in which good sense is all that is wanted, the people are held to be unequal to the task; but when the government of the country is at stake, the people are invested with immense powers; they are alternately made the play things of their ruler, and his masters, more than kings and less than men. After having exhausted all the different modes of election without finding one to suit their purpose, they are still amazed and still bent on seeking further; as if the evil they notice did not originate in the constitution of the country far more than in that of the electoral body.

It is indeed difficult to conceive how men who have entirely given up the habit of self-government should succeed in making a proper choice of those by whom they are to be governed; and no one will ever believe that a liberal, wise, and energetic government can spring from the suffrages of a subservient people.

A constitution republican in its head and ultra-monarchical in all its other parts has always appeared to me to be a short-lived monster. The vices of rulers and the ineptitude of the people would speedily bring about its ruin; and the nation, weary of its representatives and of itself, would create freer institutions or soon return to stretch itself at the feet of a single master.

–Alexis de Tocqueville

It found that about half the customers noticed the calorie counts, which were prominently posted on menu boards. About 28 percent of those who noticed them said the information had influenced their ordering, and 9 out of 10 of those said they had made healthier choices as a result.

But when the researchers checked receipts afterward, they found that people had, in fact, ordered slightly more calories than the typical customer had before the labeling law went into effect, in July 2008.

I got a good laugh out of this story. It would be one thing if restaurants were intentionally deceiving customers about there food's nutritional data. This is not the case. Most restaurants either post their nutritional data in their stores and/or they provide the information online. However - I happen to like the fact that some businesses post their nutritional data, and I don't just desire to mock New York's nutrition and public health experts, so I have an alternate proposal:

DO NOT DO BUSINESS WITH RESTAURANTS THAT FAIL TO PROVIDE NUTRITIONAL INFORMATION

Here are some key advantages of my plan, over New York's plan:

1) My plan costs absolutely nothing. Businesses don't have to spend money to create nutritional signs if they choose not to. Likewise, you (the taxpayer) do not have to pay a legislator to write a law requiring businesses to do so. Nor does my plan require nutrition and public health experts, restaurant inspectors, additional paperwork, or studies by Yale professors.

2) My plan requires no physical effort whatsoever. So long as you are not currently eating at one of these restaurants as you read this - my plan is already 100% in effect.

3) My plan does not require the use of force (through law) on any person. In fact, it doesn't even require any person to accept, agree, or endorse it at all. People are completely free to choose to accept this plan, or reject it. Likewise - restaurant owners are totally free to post or not to post nutritional information based on the vote of their customer's dollars.

4) My plan empowers you, not a public health bureaucracy. It does not require government action, nor does it require any dependence upon the state by any person.

5) My plan rewards people for making responsible choices. My plan does nothing to reinforce the idea that you require a nutrition and public health expert to do the thinking that you yourself should be doing as a responsible and free adult citizen. My plan celebrates your capability of making rational decisions in your own best interest based on your own knowledge, health needs, and personal desires. If you wish to avoid becoming morbidly obese - you are rewarded for your own personal effort.