The Pike County Board, over the
objection of every citizen who spoke, that was not directly associated with the
Pike County Health Department (PCHD), passed the licensure requirement for
restaurants, etc. I kind of wonder, “Why
bother with the hearings?”
I thought the PCHD officials did a
great job of presenting their own case for why it WASN’T ‘necessary’ for a food
licensure law. They stated that statistically
there are approximately 3.5 million meals served per year in Pike County. Out of those meals there were, statistically
calculated, 15 food borne illnesses (FBI).
I inquired what the actual number was, since I am under the impression
that FBI is a reportable condition – the Citizens present heard that the actual
number of FBIs was 2. Regardless, the
point they were trying to make is that we need licensure to be able ENFORCE
compliance with the Rules.
Now my impression is that new laws
are to address a real need, or correct an imminent real problem. Somehow I found myself impressed with what a
great job that the PCHD is doing with the tools (I think “tools” has nicer
sound than hammers, chains, steel pry bars, guns, etc) already at their disposal. I failed to see how adding a new law, another
layer of bureaucracy, an additional theft of just a little bit more Liberty,
was going to make any meaningful improvement to public safety.
I would remind the board that all
laws, even this simple little law, is ultimately enforced by the barrel of a
gun. Imagine if you will a restaurateur
who has a little flaw in his refrigerator door seal. The inspector says, “correct it or else.” The owner says, “it is insignificant.” The war is on. If the owner continues in non-compliance long
enough, and resists enough that he would rather die than close the business,
then eventually there will be a Law Enforcement Officer (LEO) or SWAT team who
will be dispatched to take care of the “problem.” All of this over a door seal.
Now I realize that this example
might be considered extreme, but I would argue that it is no more extreme than
trying to eliminate 2 FBIs out of 3.5 million meals served. That is like sweeping up a pile of 3.5
million grains of sand but somehow 2 grains escaped us so we need to pass a law
to eliminate 2 grains of sand. In the
case of FBIs, it could happen from lettuce that came from outside the county
and all the licenses in the world will not stop that.
My hope is for a reconsideration of
this additional encroachment upon that “Jewel of Liberty,” as our Founders
would term it. Where does government
stop? Liberty by its very nature has an
element of risk. The Declaration of
Independence made the purpose of government clear, “…[We] are endowed by our
Creator with certain unalienable rights… that to SECURE these RIGHTs
governments are instituted among men…” (emphasis mine). I didn’t see a thing about “public safety”
there. Preserving our rights to Liberty
exceeds public safety. I don’t think
anybody objects to reasonable regulation; however 2 grains of sand out of 3.5
million just isn’t reasonable, in my opinion.
I am convinced that the PCHD means
well. I am convinced that their purpose
is NOT to steal our Liberty; I believe that they are trying to gain tools to do
their job more efficiently and to meet their mission of increased public
safety. I commend them on a job well
done, however there is a logical limit, and I think this new licensure law
exceeds the logical limit for the whole People.
In the process the new law fails to add real and meaningful increased
public safety, while it encroaches on Liberty.
The county board, comprised of our elected officials, is a guard to our
Liberty and should pass only necessary laws.
If you would like to correspond with me, Dan A.
Mefford, D.C., on this topic contact me at:
pike912.blogspot.com/ or editorial@pike912.org
or leave a message at 217-285-2134.
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