Once Again, Law Enforcement Protects Us From The America-Destroying Scourge Of Children With Lemonade Stands
from the protecting-america dept
Every summer a bunch of these kinds of stories pop up, but Nick Burns was the first to send in this year's first story of police shutting down a lemonade stand that was set up by three girls between the ages of 10 and 14-years old... because they didn't have a business license. And, yes, this happens all the time, and yes, it always seems to make the news, but it doesn't make the story any less crazy, or any less of an example of politicians following rules over common sense. Of course, last year's story involved a stern lecture from a financial columnist about how lemonade stands that give away lemonade are anti-American. At least these girls were selling their lemonade...Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: law enforcement, lemonade stands
Reader Comments
Subscribe: RSS
View by: Time | Thread
Lessons
Maybe next time they'll attempt to make money doing something which is unregulated, possibly illegal, but at least doesn't suffer from government oversight...
[ link to this | view in chronology ]
Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
Of course, that amount doesn't include the amount they'll also need to spend on a "privilege" tax license, required insurance, IRS quarterly tax filings in addition to State quarterly tax filings...
/SARCASM
[ link to this | view in chronology ]
Re: Re: Re: Lessons
I bet you even think that, that is what sarcasm is.
[ link to this | view in chronology ]
Re: Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Lessons
and one more thing ...
Bad cop, No doughnut!
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Lessons
I think its dumb as hell. I had one as a kid and sold brownies, cookies, lemonade, and iced tea. Cleared 400 profit one summer.
[ link to this | view in chronology ]
Re: Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Lessons
Maybe we should kill ourselves, spares us the effort of avoiding everything that might kill us.
[ link to this | view in chronology ]
Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Re: Lessons
[ link to this | view in chronology ]
Re: Lessons
Like lobbying for PROTECT-IP?
[ link to this | view in chronology ]
Re: Lessons
[ link to this | view in chronology ]
There was a story a few years back about shave ice stands being illegal prior to June 1 in Provo, UT. The law changed to May 1st, eventually. I have no idea why they couldn't just make it legal all the time, but they at least changed the law.
[ link to this | view in chronology ]
Re:
Because it is Provo UT.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Have any roadside unlicensed lemonade stands given anyone e coli? I honestly don't know. I've never heard of any. Seems the unlicensed scofflaws have a better record than the licensed businesses.
All this teaches kids is to distrust government.
[ link to this | view in chronology ]
Re: Re:
Because, the e coli bug will inquire into whether or not the seller of the lemonade has a business license. If so, the bug will die. If not, the bug will infect.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
You say this like it's a bad thing.
[ link to this | view in chronology ]
Re:
I don't know about anyone else, but if I buy lemonade from my neighbor's kid and I get e coli I'm going to blame MYSELF.
Geesh, has personal responsibility for one's own actions gone completely out the window?
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[/sarc]
[ link to this | view in chronology ]
Re: Re: Re:
Unfortunately, those standards sometimes only exist during the time in which the health inspector visits. And unless there are complaints, that only happens once in a great while. There are quite a few organizations I know that recently lost their license due to failed inspections after a number of complaints, who had "A" ratings until they lost them. I also know a couple friends whose stories about their teenage years in the restaurant industry nearly caused me to swear off going to restaurants ever again and the companies they work for never lost their rating either.
Since it is pretty hard to mess up lemonade (but not impossible,) and with proper parental supervision, the chances of me getting e-coli from drinking their lemonade are several orders of magnitude smaller than me going down the street to McDonalds... Life is about taking acceptable risks...you risk being killed or injured every second you are alive...but it is better than the alternative.
[ link to this | view in chronology ]
Re: Re: Re: Re:
Seriously, I worked at a fine dining restaurant/bar in the early 80's. There was always an unmarked envelope in the back of the bar register drawer just in case the health inspector made a suprise visit when the owner wasn't there.
[ link to this | view in chronology ]
Re: Re:
Those who sold your neighbor the lemons. After all, if the lemons are safe to sell, then why isn't the lemonade that came from the lemons also safe? What, did the e coli magically materialize itself in the lemonade making process?
If my neighbors invited me over their house and made me lemonade, does the government need to get involved? Does the government need to make sure that there is no e coli inside the lemonade before I drink it? Presumably, the lemons used to make the lemonade has already been screened, right?
What if I go to my neighbor and eat an apple that my neighbor cut into four pieces. Does the process of cutting the apple into smaller pieces (or making lemonade from lemons) magically make the apples subject to regulation?
How is this any different? Just because it's for profit?
[ link to this | view in chronology ]
Re: Re: Re:
I knew I shouldn't have bought Raw Meat and Lemonade From the same plywood stand.... /SARC
[ link to this | view in chronology ]
Re: Re:
Something harmful that people probably shouldn't do? Illegalize it instead of raising awareness and educating people on it.
Fall down and break your neck because some establishment didn't put a wet floor sign out? Sue the crap out of them.
Business models failing because they're outdated? Pay to have them enforced even harder, instead of updating them.
[ link to this | view in chronology ]
Re:
...if it happens that the outbreak wasn't just a coincidental cockup at the local water treatment plant.
That fun situation likely occurs despite the license you hold in such high regard. To assume that a license significantly decreases the risk of a purchase, let alone removes said risk, is a logical fallacy. To say correlation is not causation simply does not go far enough. The myopic assumption that a license can ward off serious risk from consuming lemonade sold out doors is analogous to pasting a sign with "No unlicensed water allowed past this point!" over a screen door on a submarine. I can understand the comfort of legally guaranteed channels for recompense should a seller distribute a faulty product, BUT, let's not forget the nasty "... you further agree not to hold [insert name of horrible lemonade selling urchins here] liable for any harm caused by [insert juvenile allusion to urine as a product name here] ..." phrase likely found in any purchase agreement the license obliges the legally savvy lemonade stands to use. Like any activity with a potential risk, people will continue to do it with or without regulation, regardless of said regulation's "effectiveness." Blind pursuit of entrepreneurial children simply does not fix this specific problem. Like many laws, it merely places a football-field-sized bandage over a minor skin blemish and justifies itself with a clueless cosmetic-beauty-is-overrated attitude.
[ link to this | view in chronology ]
Re:
In a typical products liability action, everyone in the chain has potential liability, but I don't think the same applies here.
Then again, if a night full of customers gets food poisoning at a restaurant I expect the restaurant would be on the hook.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Lemons? AIDS?
Unlicensed businesses are not a laughing matter.
[ link to this | view in chronology ]
Re: Re: Re:
Really? then why am I laughing my ass off reading this?
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
In my hometown...
The law was struck down the following year.
Too bad for these girls, their community isn't as anti-regulation as ours was.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
speaking of comments to the origianl article Re:
= = = =
ben on 07/18/2011 17:34:24
Not sure what ordinance this police chief is reading but from what I can tell the little kids should be able to operate with a liberal reading of this section of the code:
Section 7-1-8 Casual and isolated activity.
Except as otherwise provided in this title, nothing herein contained shall be interpreted so as
to require any person who may engage in casual or isolated activity and commercial transactions,
where they involve personal assets only and are not the principal occupation of the individual, to
obtain a business license and pay a fee therefore. Garage sales, involving the exchange or sale of
personal items are considered casual or isolated activities for the purpose of this chapter
[ link to this | view in chronology ]
A famous guy
But you know what? Police officers don't want your damn lemonade. So you need to give those lemons back! That's when you get mad! What can you do with those lemons now? You demand to see the police officer's manager! Make life rue the day that they gave three girls without a business license lemons! They're the ones that are gonna burn those officer's house down! With the lemons! Those kids are going to invent a combustible lemon to burn their house down!
[ link to this | view in chronology ]
As the saying [now] goes
[ link to this | view in chronology ]
Re: As the saying [now] goes
**Additional health inspection may be required. please visit: www.nottheamerica.com/Igrewupin.php
[ link to this | view in chronology ]
That sucks...
[ link to this | view in chronology ]
Re: That sucks...
'Unlicensed lemonade decreases piracy.'
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Lessons
IN that case, it was a lesson well learned. They got to learn it sometime in life, it might as well be soon.
[ link to this | view in chronology ]
whose job is it to protect the consumer?
“We were not aware of how the lemonade was made, who made the lemonade, of what the lemonade was made with, so we acted accordingly by city ordinance"
This quote says it all. The government thinks it's their job to protect the consumer from every danger, no matter how small -- even a lemonade stand.
[ link to this | view in chronology ]
laws are laws
But if that's what the law says, then that's how it should be.
Maybe the people in the communities where this is an issue should work to get the laws changed.
[ link to this | view in chronology ]
Re: laws are laws
Ohio Laws
[ link to this | view in chronology ]
Re: Re: laws are laws
WTF?!?
... I'm sorry officer, I had to kill my wife we just had a fifth daughter!
[ link to this | view in chronology ]
Re: laws are laws
Do/ did you ever:
Speed
Not wear your seat belt
Not use your turn signal
Break a TOS agreement
Drink before you were 21
Smoke before you were 18
Look at porn before you were 18
Sneak into a movie
Make an illegal U turn
Play your music to loud to late
Experiment with any illegal substance
Jay walk
Litter
Loiter
Not report something as income to the IRS
Tresspass
Ride your bike without a helmet or where prohibited
Not pick up your dogs shit
Smoke in a public space where prohibited
And this list could go on
If you do or did any of the above without first trying to change the law, you "someone" are a hypocrite.
[ link to this | view in chronology ]
Re: laws are laws
In Wichita, Kansas, it's illegal for a motorist to proceed through the intersection of Douglas and Broadway unless they get out and fire three shotgun rounds into the air.
I suppose you support that law being followed as well?
[ link to this | view in chronology ]
Re: Re: laws are laws
[ link to this | view in chronology ]
Good lessons for those girls
- The police are *NOT* your friend.
- The police can't distinguish good from bad and have no moral compass.
- The police is often used to harass good people.
- Governments make stupid laws.
- Neither the government nor the police exist to serve the people, in spite of claiming otherwise.
Learn this early and you won't suffer later when more important things are at stake.
[ link to this | view in chronology ]
Re: Good lessons for those girls
[ link to this | view in chronology ]
The wrong set of vendors!
Hey, how about the local drug dealers?
"Hey, you have a license for selling drugs?"
Makes about as much sense.
[ link to this | view in chronology ]
Re: The wrong set of vendors!
[ link to this | view in chronology ]
Quick, send the entire police force, assuming they aren't distracted with their efforts to get a cat out of a tree somewhere else!!!
[ link to this | view in chronology ]
Clearly they've failed to learn proper procedure
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Lemon juice is acidic how many pathogens that affect humans can grow in an acidic medium?
I don't know but what I do know is that salmonella and e.coli don't trive in those conditions and in enough concentrations they don't even survive.
Lemon juice as a natural biocide for disinfecting drinking water.
Lemon Juice a Natural Disinfectant has Scientific Proof | Natural Cleaning Product Review
Quote:
[ link to this | view in chronology ]
not as bad
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
So what's new?
We used to be a people who had a government...
[ link to this | view in chronology ]
If you allow the lemonade stands unlicensed with no health inspections, etc, you take a risk. You also set a precedent that would allow others to set up street side stands without a permit. Why would it be limited only to kids? Soon enough, everyone is running their unlicensed hot dog, burrito, and what not stands at every corner.
If there is a law, the law gets enforced. It makes it sound bad when it is "some 11 year old girl", but that just isn't legally relevant.
If anything, this sort of post is a good indication on where you stand on the law in general. Exceptions should be made for "nice" people, or people with "good" intentions. That's just not how the law works!
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Really Now...
[ link to this | view in chronology ]
Lemonade and the Law
So, let me think, should I spend today helping keep the citizens lives bettr or safer (which is why they pay me)and (which is why they became a cop in the first place)(we hope) or should I spend today busting 10 year olds for trying to work, learn a bit about hard work=money and stay off welfare when they grow up?
[ link to this | view in chronology ]
Lemonade stands...
But most importantly, to protect the sanctity and purity of our bodily fluids...
Straight out of Strangelove...
[ link to this | view in chronology ]
e-coli??
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Lemonade Stands entrepreneurs.
[ link to this | view in chronology ]
o no
[ link to this | view in chronology ]