House Bill 1134 is Exhibit A of why the Colorado General Assembly should adjourn earlier, much earlier. The bill isnt just one of those solutions-seeking-real-problems proposals that proliferate the docket; it is illustrative of a flawed governing philosophy that is as pernicious as it is seductive.
The legislation forbids restaurants to give customers plastic tableware or condiment packets without first obtaining their express permission. It contains six pages of detail differentiating the types of restaurants that must get permission to give away a napkin and which may give a fork sans permission. It determines who can proffer a lid to avoid spillage and who must first inquire of desire for said lid. It defines exactly which utensils and condiment packets are covered, omitting only pickle relish perhaps from oversight. The bill even provides a definition for spill plug, the plastic thingy in the coffee lid. Its also called a splash stick. Who knew?
The only ambiguity is the enforcement mechanism which presumably will be added in a committee hearing on the bill. Will there be fines for transgression? Which agencies will ferret out malefactors secretly slipping unsolicited straws at the drive-through? As if theres not enough real crime happening to keep law enforcement occupied right now, they wouldnt mind organizing a statewide sting: Operation Unsought Spork coming to an unsuspecting takeout counter near you.
The lawmakers spearheading this silly little bill must think restaurants are foisting unwanted sugar packets, plastic spoons, and splash sticks onto customers too weak-willed to refuse them. These products are filling up kitchen drawers, glove compartments, and landfills everywhere. The government therefore must intervene and rescue us from ourselves.
Over the past century, this government-must-help-us philosophy has become ascendant. If something is deemed desirable, the government must promote it, subsidize it, and even provide it free at taxpayer expense to all comers. If something is deemed undesirable, the government must regulate it, tax it, curtail it, or ban it. Its not just a philosophy of the left. Corporate and farm subsidies enjoy strong bipartisan support.
Congressmen and congresswomen of both parties seek to regulate social media tech companies for the sake of individuals who voluntarily use the services. Examples of paternalistic government displacing personal responsibility are too numerous to recount within this space. The fact that lawmakers here in Colorado are targeting soy sauce packets demonstrates there is no limiting principle to this government-to-the-rescue impulse.
Since outright bans tend to provoke a backlash among voters, as these same lawmakers will no doubt experience when their plastic bag ban goes into effect in 2024, politicians are discovering ways to manipulate their subjects, I mean constituents, in less noticeable ways. Its called altering the choice architecture to advantage certain choices over others.
In this case, customers can still get packets of strawberry jam, they just have to ask for them. Customers will be better off without a drawer full of plastic, restaurants will save money, and landfills will be a tiny, tiny bit less full of waste. Best of all, politicians show they care about the environment and are solution-oriented.
In this way, the enlightened can nudge the hoi polloi to do better without actually resorting to more draconian means that elicit resentment like when customers discover they cant get a plastic bag for that greasy rotisserie chicken. Some call this manipulation paternalistic libertarianism, but if they were honest, theyd leave off the noun. Theres nothing libertarian about using the full force of law to compel restaurants to ask customers if they want a straw with that.
Ostensibly free citizens can figure that tricky transaction out by themselves.
Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.
To send a letter to the editor about this article, submit online or check out our guidelines for how to submit by email or mail.
Read more:
Kafer: When Do you want ketchup with those fries? becomes the law - The Denver Post
- Serfdom Reform vs. Liberty The Future of Freedom Foundation - The Future of Freedom Foundation - April 12th, 2024 [April 12th, 2024]
- N.Y. Libertarian Party launches petition drive for ballot - Spectrum News - April 10th, 2024 [April 10th, 2024]
- Arizona voters question petition for Libertarian candidate: Not even close to my signature - Washington Examiner - April 10th, 2024 [April 10th, 2024]
- Understanding Freedom and Faith in Freedom The Future of Freedom Foundation - The Future of Freedom Foundation - April 10th, 2024 [April 10th, 2024]
- Henry Simons And The Libertarian Night Watchman As Tax Collector - ProMarket - April 2nd, 2024 [April 2nd, 2024]
- Why libertarians don't trust RFK Jr. - UnHerd - April 2nd, 2024 [April 2nd, 2024]
- Learn from Libertarians | Commentary | thestatehousefile.com - The Statehouse File - March 10th, 2024 [March 10th, 2024]
- Review: Sheriff in 'Fargo' Gives Libertarians a Bad Name - Reason - March 10th, 2024 [March 10th, 2024]
- Why Libertarianism Is Not Mainstream (But Should Be) | Henry Gardella - Foundation for Economic Education - March 10th, 2024 [March 10th, 2024]
- Donald Rainwater to lead Indiana Libertarian ticket as party chooses its 2024 nominees - WFYI - March 10th, 2024 [March 10th, 2024]
- Could the Libertarian Party nominate RKF Jr.? - NewsNation Now - March 10th, 2024 [March 10th, 2024]
- 2024 election: These Libertarians will be on Indiana's ballot - IndyStar - March 10th, 2024 [March 10th, 2024]
- Why Do All These Homosexuals Keep Sucking My Cock? - The Onion - January 4th, 2023 [January 4th, 2023]
- Russell Kirk - Wikipedia - December 21st, 2022 [December 21st, 2022]
- Maj Toure: Why Black Gunsand LibertarianismMatter - December 12th, 2022 [December 12th, 2022]
- Georgia's 'blank ballot' voters | Who are they? And why did they do it? - 11Alive.com WXIA - December 12th, 2022 [December 12th, 2022]
- Exclusive: No official records of personal meeting between Institute of Economic Affairs and Jacob Rees-Mogg - NationalWorld - December 12th, 2022 [December 12th, 2022]
- Markets Fail. . .And Libertarianism Still Works, 10/16 - November 25th, 2022 [November 25th, 2022]
- The Bill of Rights: A Transcription | National Archives - November 7th, 2022 [November 7th, 2022]
- 'Centre, states need to work together for a developed India': FM Sitharaman on 'Atmanirbhar Bharat' - The Economic Times - November 7th, 2022 [November 7th, 2022]
- Libertarianism: Definition & Examples | StudySmarter - October 21st, 2022 [October 21st, 2022]
- In N.H., its live Free State or leave thats libertarianism? - The Boston Globe - September 11th, 2022 [September 11th, 2022]
- Cryptos Libertarianism Is Running Headfirst Into Reality - The Atlantic - September 11th, 2022 [September 11th, 2022]
- The 'red wave' was such a sure thing, of course Republicans are blowing it The Nevada Independent - The Nevada Independent - September 11th, 2022 [September 11th, 2022]
- Jim, Sigal, and Michele just living their best lives - Nevada Current - September 11th, 2022 [September 11th, 2022]
- Long Live the King (My President)! - Econlib - September 11th, 2022 [September 11th, 2022]
- How Housing Is Captive to Investment Demands - Santa Barbara Independent - September 11th, 2022 [September 11th, 2022]
- Arkansas governor candidates hitting the campaign trail - 4029tv - September 11th, 2022 [September 11th, 2022]
- Aaron Rodgers Sounds Off On Government: NFL World Reacts - The Spun - September 11th, 2022 [September 11th, 2022]
- David Boaz - Wikipedia - September 7th, 2022 [September 7th, 2022]
- Arlington Heights board gets petition from Koch brothers-backed group calling for law that may impact Chicago Bears' stadium plans - Chicago Tribune - September 7th, 2022 [September 7th, 2022]
- Georgias Senate Race Is Much Closer Than The Governor Election. Will That Hold Until November? - FiveThirtyEight - September 7th, 2022 [September 7th, 2022]
- Letter: The threat against democracy | Letters To Editor | berkshireeagle.com - Berkshire Eagle - September 7th, 2022 [September 7th, 2022]
- Vote in the State Primary - mysouthborough - September 7th, 2022 [September 7th, 2022]
- Group catering to nonpartisan voters launches ahead of the election The Nevada Independent - The Nevada Independent - September 7th, 2022 [September 7th, 2022]
- Libertarian Party of Wisconsin: Wisconsin Libertarians oppose student loan forgiveness ideas as theft - WisPolitics.com - September 2nd, 2022 [September 2nd, 2022]
- Guardrails of Democracy, Extended: Comparing Notes On The Team Libertarian Report - Reason - September 2nd, 2022 [September 2nd, 2022]
- Attempted Murder Arrest; Libertarians On The 2022 Ballot? PM Patch NH - Patch - September 2nd, 2022 [September 2nd, 2022]
- Chase Oliver could send Georgia's Senate race to a runoff - he's OK with that - The Atlanta Journal Constitution - September 2nd, 2022 [September 2nd, 2022]
- Rep. Stephen Handy, ousted at GOP convention, to wage write-in bid - Standard-Examiner - September 2nd, 2022 [September 2nd, 2022]
- J. R. R. Tolkien among the Illiberals Catholic World Report - Catholic World Report - September 2nd, 2022 [September 2nd, 2022]
- We Made It Through The Primary. Now It's On To The November General Election - Honolulu Civil Beat - September 2nd, 2022 [September 2nd, 2022]
- The Great Separation: Why American Politics Is Coming Apart at the Seams | Cornell Chronicle - Cornell Chronicle - August 30th, 2022 [August 30th, 2022]
- Palfrey eyes the exits- POLITICO - POLITICO - August 30th, 2022 [August 30th, 2022]
- Armstrong: Behind those misleading headlines on Colorado teacher pay - Complete Colorado - August 30th, 2022 [August 30th, 2022]
- What is a Libertarian? Beliefs & Examples | Study.com - August 29th, 2022 [August 29th, 2022]
- Libertarian Vs. Liberal (Whats The Difference?) - The Cold Wire - August 29th, 2022 [August 29th, 2022]
- Libertarianism Philosophy and History - Study.com - August 29th, 2022 [August 29th, 2022]
- Republican effort to remove Libertarians from November ballot rejected by Texas Supreme Court - The Texas Tribune - August 29th, 2022 [August 29th, 2022]
- Media organizations and civil libertarians sue to stop a law that restricts recording videos of cops - Arizona Mirror - August 29th, 2022 [August 29th, 2022]
- How a Tiny Minority Can Lead the World Toward Liberty | Dan Sanchez - Foundation for Economic Education - August 29th, 2022 [August 29th, 2022]
- GOP Candidate Saying it's 'Totally Just' to Kill Gay People Resurfaces - Newsweek - August 29th, 2022 [August 29th, 2022]
- Third Party Candidates: Alabama Libertarians to appear on general election ballot - WHNT News 19 - August 15th, 2022 [August 15th, 2022]
- Sick and tired of the two-party system: Pa. Libertarian Party sees surge in interest | Today in Pa. - PennLive - August 15th, 2022 [August 15th, 2022]
- Voter registrations in North Carolina continue to trend mostly unaffiliated and slightly Republican - The Mountaineer - August 15th, 2022 [August 15th, 2022]
- After Koch's Kinder, Gentler Rebrand Attempt, He Spent Over $1 Billion On 2020 Elections - Daily Kos - August 15th, 2022 [August 15th, 2022]
- Libertarian, Green, and Independent Candidates not Invited to Gubernatorial Debate The Amarillo Pioneer - The Amarillo Pioneer - August 15th, 2022 [August 15th, 2022]
- Runoffs to decide final nominations begins with early voting next week - Yahoo News - August 15th, 2022 [August 15th, 2022]
- Podcast: Muddling Through the Mar-a-Lago Mess - Reason - August 15th, 2022 [August 15th, 2022]
- The Story Behind the Wrenching Finale of 'The Anarchists' - WIRED - August 15th, 2022 [August 15th, 2022]
- The Search of Trumps House + the 5th Amendment - Econlib - August 15th, 2022 [August 15th, 2022]
- Libertarians see opening to gain ground in Georgia 2022 elections - The Atlanta Journal Constitution - August 4th, 2022 [August 4th, 2022]
- State Libertarian Party asks for 'relief from oppressive ballot laws' - The Albany Herald - August 4th, 2022 [August 4th, 2022]
- Election 2022: Primaries clear Michigan fields; more will come at conventions - The Center Square - August 4th, 2022 [August 4th, 2022]
- The Industrial Revolution and the Colonial Conundrum - Econlib - August 4th, 2022 [August 4th, 2022]
- School choice is the free market solution to failing public schools - Washington Examiner - August 4th, 2022 [August 4th, 2022]
- The primary is over Here's who you can expect to see on JoCo ballots in November - Shawnee Mission Post - August 4th, 2022 [August 4th, 2022]
- Climate change and the Supreme Courts version of police abolitionism - The Hill - August 4th, 2022 [August 4th, 2022]
- Discontent Is Never Enough - by Jonah Goldberg - The G-File - The Dispatch - August 4th, 2022 [August 4th, 2022]
- Progressive Conservatism: How Republicans Will Become America's Natural Governing Party - The Ripon Society - August 4th, 2022 [August 4th, 2022]
- Local News: Donnie Brown elected as 149th representative (8/2/22) | Standard Democrat - Standard-Democrat - August 4th, 2022 [August 4th, 2022]
- Former TV anchorman wins GOP nomination in Missouris 4th Congressional District - Missouri Independent - August 4th, 2022 [August 4th, 2022]
- Penn Jillette: Did His Libertarianism Survive Trump and COVID? - Reason - July 29th, 2022 [July 29th, 2022]
- Libertarian and Anti-functionalist: What Is the Memphis Design Movement? - ArchDaily - July 29th, 2022 [July 29th, 2022]
- 11 Pick Up Lines For Libertarians To Use If They Ever Meet A Girl - The Babylon Bee - July 29th, 2022 [July 29th, 2022]
- Nudged into the oncoming lane - Econlib - July 29th, 2022 [July 29th, 2022]
- Quebec's Conservative party surges in the polls as some of its candidates spread conspiracy theories - CBC News - July 29th, 2022 [July 29th, 2022]
- Accusations of racism and abortion politics- POLITICO - POLITICO - July 29th, 2022 [July 29th, 2022]
- Zeldin's Fraudulent Independence Party Signatures Show How Difficult it is to get on Ballot in NY - Yonkers Times - July 29th, 2022 [July 29th, 2022]
- How Republicans can build on Trumpism and become the party of progressive conservatism - The Hill - July 29th, 2022 [July 29th, 2022]