Quotulatiousness

July 12, 2009

Sauce for the goose

Filed under: Bureaucracy, Law, USA — Tags: — Nicholas @ 13:08

Rick Newcombe provides an insight into why Los Angeles is suffering from a killer combination of rising unemployment and tax rates that no longer meet expenses:

[. . .] 15 years ago we had a dispute with the city over our business tax classification. The city argued that we should be in an “occupations and professions” classification that has an extremely high tax rate, while we fought for a “wholesale and retail” classification with a much lower rate. The city forced us to invest a small fortune in legal fees over two years, but we felt it was worth it in order to establish the correct classification once and for all.

After enduring a series of bureaucratic hearings, we anxiously awaited a ruling to find out what our tax rate would be. Everything was at stake. We had already decided that if we lost, we would move.

You can imagine how relieved we were on July 1, 1994, when the ruling was issued. We won, and firmly planted our roots in the City of Angels and proceeded to build our business.

Everything was fine until the city started running out of money in 2007. Suddenly, the city announced that it was going to ignore its own ruling and reclassify us in the higher tax category. Even more incredible is the fact that the new classification was to be imposed retroactively to 2004 with interest and penalties. No explanation was given for the new classification, or for the city’s decision to ignore its 1994 ruling.

Their official position is that the city is not bound by past rulings — only taxpayers are. This is why we have been forced to file a lawsuit. We will let the courts decide whether it is legal for adverse rulings to apply only to taxpayers and not to the city.

The rule of law requires that both parties are equally subject to the outcome of a trial, win or lose. The city clearly feels that it’s above that.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005574.html.)

July 11, 2009

The new Irish Taliban regime

Filed under: Law, Religion — Tags: , — Nicholas @ 09:13

Victor sent me this link with the comment “Thought you might find this interesting… Worrisome, even.” He was right, I do find it quite disturbing:

As part of a revision to defamation legislation, the Dail (Irish Parliament) passed legislation creating a new crime of blasphemy. Update: The bill went to the Seanad on Friday, July 10, passing by a single vote. This attack on free speech, debated for several months in Europe, has gone largely unnoticed in the American press.

[. . .] How does this impact free speech? Just don’t be rude.

  • Atheists can be prosecuted for saying that God is imaginary. That causes outrage.
  • Pagans can be prosecuted for saying they left Christianity because God is violent and bloodthirsty, promotes genocide, and permits slavery.
  • Christians can be prosecuted for saying that Allah is a moon god, or for drawing a picture of Mohammed, or for saying that Islam is a violent religion which breeds terrorists.
  • Jews can be prosecuted for saying Jesus isn’t the Messiah.

At risk of being too flippant, it’s really just a codification of the kind of thought pattern exemplified by Canada’s various “Human Rights” commissions, focusing on religion, rather than other forms of free thought and free expression.

The actual text of the new legislation goes a long way to convert the police into uniformed Revolutionary Guards:

36. Publication or utterance of blasphemous matter.

(1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000. [Amended to €25,000]

2) For the purposes of this section, a person publishes or utters blasphemous matter if (a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

37. Seizure of copies of blasphemous statements.

(1) Where a person is convicted of an offence under section 36, the court may issue a warrant (a) authorising any member of the Garda Siochana to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein, (b) directing the seizure and removal by any member of the Garda Siochana of all copies of the statement to which the offence related that are in the possession of any person, © specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Siochana.

(2) A member of the Garda Siochana may (a) enter and search any premises, (b) seize, remove and detain any copy of a statement to which an offence under section 36 relates found therein or in the possession of any person, in accordance with a warrant under subsection (1).

(3) Upon final judgment being given in proceedings for an offence under section 36, anything seized and removed under subsection (2) shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Siochana in that behalf.

What’s the Gaelic for “Death to the infidel”? Expect to hear a lot of it in the future.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005573.html.)

July 10, 2009

Maybe photographers in the UK actually do have rights

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , — Nicholas @ 12:56

Clive sent me this update from The Register:

The Metropolitan Police has issued guidance to its officers to remind them that using a camera in public is not in itself a terrorist offence.

There has been increasing concern in recent months that police have been over-using terrorism laws and public order legislation to harass professional and amateur photographers. The issue was raised in Parliament and the Home Office agreed to look at the rules.

The guidance reminds officers that the public do not need a licence to take photographs in the street and the police have no power to stop people taking pictures of anything they like, including police officers.

The over-used Terrorism Act of 2000 does not ban photography either, although it does allow police to look at images on phones or cameras during a search to see if they could be useful to a terrorist.

This is a belated follow-up to incidents like this one (oh, and this one, too). It’s refreshing to see that at least one government recognizes that recent police enforcement of a non-existant law must be curtailed. It’s also sad that this sort of thing is still so rare as to be noteworthy.

Oh, and Canadians shouldn’t try to be smug about this . . . we have over-enthusiastic police enforcement of mythical laws as well.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005569.html.)

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