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Health, safety and welfare of citizens? (Tom Abraham)

Published on 17 December, 2014
Health, safety and welfare of citizens? (Tom Abraham)
In the US cities, Ordinance and Resolutions are passed by city Councils every other week. A very important statement in such Ordinance/ Resolution is about the citizen's health, safety, and welfare. This is also emphasizing the governmental interest in making laws.

Once that is the basis, most of the council members don’t think twice but simplyvote YES. Very seldom, one or two or even three votes will be NO. Four votes or fifty one votes, City Council or Senate , another law get approved. Conservatives cry for their freedom to carry weapons, oppose abortion , on the one side while liberal democrats stress civil rights on the other side, end up in the Courts. The Supreme Court itself is often split, five to four Supreme Justice.

Who prepares and get all material together ? City staff or senate staff. And there is a huge number on the big government .

The logic of the statement is , at first glance, very convincing. Laws must be
made for that goal in mind, ‘ health, safety and welfare ‘ of citizens. Therecould be questionable clauses among the WHEREAS clauses that embodies anOrdinance/ Resolution of such Councils. For example, in NEW YORK, people enjoy e- cigars which is in the global market all over. Majority of nations consider it legal to vaporize. Let us examine the basics of this e-cigar issue.

There is no convincing scientific evidence for European, German, Chinese,Indian or even Australian governments to ban e-cigars. It does not contain smoke but only vapor is the generally- heard comment. Others say, it depends onwhich manufacturer brings what product with what ingredients in e- cigars. Whatever the ingredient , the small battery that burns inside to produce vapor
would by no means explode on the lips of the user. Most of the States in the US also consider the sale of e-cigar legal. We do not know yet if the new Surgeon General Vivek Murthy would bring a warning against e- cigars.

A couple of local governments in the US have passed resolutions against the e-cigar business. That includes NY, Philadelphia, Florida Cities. These laws regulate the sale strictly to adults of age 18 or above. No use anywhere inside government buildings, or parks.

Some of them may face legal challenges. FDA is still to come out with a clear rule about e- cigars. The US courts have brought some rulings that FDA should have no say about certain commercial speech, or zoning matters for the sale of these controversial substitute for habitual smokers. It is more expensive but some gentle smokers admit they can be free from smoking by switching to Vaping.

There are Sleep Aids that you don’t get addicted to , just for 88 cents foreight softgels. An example that many other carcinogen-free products are in the market. Afterall ,anybody anywhere in the world get 1.5 millirem of radiation, no matter one is working as a radiation worker or not. Even Nuclear Medicinetechnologists, including pregnant ones in the first three months of their
pregnancy, are directly exposed to their patients radiated with low energy
gamma ray. Medical reason weighs over the minor disadvantages. Therefore, it can be argued in this world, modern technology has brought products like cellphones, e-cigars, or frozen meat, to our health, ill-health or ultimately for our eternal sleep for which no sleeping aid is needed. We are taking all the stresses of postmodernity. Even mother s milk, it is said, is unsafe for the baby, if there is blood in it in the first week after delivery.

What are the other areas where the ‘ health, safety and welfare ‘ of the citizens the basis for regulations, more regulations ? Cities want to grow in square miles by annexing county land, septic tanks need to be replaced by sewer systems, adult entertainment establishments should notbe in a zoning area with elementary or high schools, water rates should be adjusted every year according to infrastructure studies, conditional uses of private businesses in a mixed use zoning area, sign codes must be amended andreviewed as technology advances, consultants must be hired for major development works, salary and yearly increase need reviews, and so on. Well, the big government will find a reason to regulate, anything anytime, for more revenues and keeping themselves busy. If new developments are slow in a recession time, redevelopment of old blight property becomes the action area. From aesthetic values to property values, the government staff keep researching, each department, police, fire, planning, building, human resources join the task of regulations. Those on fixed income, widows and the disabled are very often tortured by more regulations hitting them unaware.

Education of the citizens about these various ordinances, of businesses are going on with no big enthusiasm from the public. The way the governance is, public generally has lost their trust in government. In the US democratic elections, hardly fifty  percent show up in Presidential elections, or congressional contests. In local elections, percentage is less than twenty. Newspapers, and other TV media are often biased, where mistrust occurs too. Yet, we should admit things are far better in comparison to some foreign countries.

There is an EB-5 visa for investors from foreign countries. Green card promise for keeping American jobs, minimum 10. My friend from UP came here to buy an historic motel, bought for one million dollar. He keeps 10 jobs safe. Restaurant, lounge and 35 rooms. But, the city calls his property a conditional use zoning area property. He cannot have an additional exit from his property, he cannot have a postal museum sign at his door, his operation hours are limited by city regulations. Suffice to say , he is facing terrible losses because city restrictions. Federal agencies cannot interfere with city regulations because of Home rule provisions. Too many hustles for the EB-5 applicant while waiting for green card. He cannot draw a salary from his investment also. It is said, “ sabbath is for the Man, Man not for the Sabbath “. Is it that way or not is the question.

And the political elections will bring new leaders replacing mayors or senators. What does that mean. Repeal some of the regulations. Add new thinking, discover new avenues, more research and entirely new consultant teams at the cost of taxpayers. In volusia county,Florida, an Attorney investigator ,in the Starr investigation style of Bill Clinton, started investigation on election campaign contributions. His subpoenas were at the end declared illegal by a circuit court judge. Waste of taxpayer funds to the extent of 120 k dollars. In a small city, like orange city, Florida, a lawsuit with a landfill company took a million dollarlegal expenses for city to win. Top executives get fired with termination benefits to the extent of two years salary amounting to 400 k dollars in one instant. Health, safety and welfare issue to terminate a city manager also in another instant.

In the 1821 or later New England, cities started law-making not in the interest of the Native-Americans. It was for health, safety and welfare of the founders of New England. Today, the scenario is different. What is worded, and what isspeeded is for the sake of Attorneys, Senators.Even gerrymandering in drawing congressional districts or city districts. In the US scenario, not only local Attorneys, but a huge army of Congressmen, Senators and lobbying groups demand more regulations every month. Making more and more laws, they get intrigued in their laws. More lawsuits, more repealing, more protests are all part of the big political game we see around us for nothing but more money.

Ultimately, it is much ado about nothing. We might say like Sir Roger DeCoverley of Joseph Addison, ( Spectator ) who amused himself saying “ much might be said on both sides “.

Enjoy your e-cigars now before it gets banned in the US !
Health, safety and welfare of citizens? (Tom Abraham)
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