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Posts from 28 August 2009

The War on the Informal Sector (cont’d)

WASHINGTON — If you’re planning a garage sale or organizing a church bazaar, you’d best beware: You could be breaking a new federal law. As part of a campaign called Resale Roundup, the federal government is cracking down on the secondhand sales of dangerous and defective products.

The initiative, which targets toys and other products for children, enforces a new provision that makes it a crime to resell anything that’s been recalled by its manufacturer.

Those who resell recalled children’s products are not only breaking the law, they are putting children’s lives at risk, said Inez Tenenbaum, the recently confirmed chairwoman of the Consumer Product Safety Commission.

The crackdown affects sellers ranging from major thrift-store operators such as Goodwill and the Salvation Army to everyday Americans cleaning out their attics for yard sales, church bazaars or — increasingly — digital hawking on eBay, Craigslist and other Web sites.

Secondhand sellers now must keep abreast of recalls for thousands of products, some of them stretching back more than a decade, to stay within the bounds of the law.

. . . Scott Wolfson, a spokesman for the agency, said it wouldn’t be dispatching bureaucratic storm troopers into private homes to see whether people were selling recalled products from their garages, yards or churches.

We’re not looking to come across as being heavy-handed, he said. We want to make sure that everybody knows what the rules of engagement are to help spur greater compliance, so that enforcement becomes less of an issue. But we’re still going to enforce.

— James Rosen, McClatchy (2009-08-20): Seller, beware: Feds cracking down on garage sales

Like most invasive government regulations, the rules of engagement for this particular war hurts all of its targets — that is, they ratchet up fixed costs for all resellers, hurting them directly and also hurting their ability to provide a cheaper alternative to their main competitors (in this case, mainly big discount retailers like Wal-Mart). But within the resale market, it hurts some players more than others:

Staffers for the federal agency are fanning out across the country to conduct training seminars on the regulations at dozens of thrift shops.

Even before this law, we had good mechanisms in place for pulling recalled products, said Jim Gibbons, the chief executive of Goodwill. The law just kicks it up a notch, so Goodwills around the country will continue to improve our process.

Goodwill uses $2 billion in annual sales at its 2,300 thrift shops nationwide to pay for its job-training and employment placement programs.

— James Rosen, McClatchy (2009-08-20): Seller, beware: Feds cracking down on garage sales

Those of us who want to resell old toys but don’t have $2,000,000,000 in annual sales to dip into for regulatory compliance and who don’t get training seminars from the United States federal government may have a harder time kicking it up a notch. As usual, regulation props up big established incumbents and hurts grassroots, ad hoc, or just plain small-time players; state corporatism artificially enforces consumerism by burning out reuse markets, and props up the strip mall by burning out the bazaar.

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Border politics

From Ray Ybarra:

Someday children will be able to walk into a library and read about a period in history when thousands of migrants died attempting to unlawfully enter nation-states. The children will be appalled to read in this history book that there was once a time when human mobility across borders was not recognized as a human right. In the final chapter of the book, they will read about how the oppressed and disenfranchised across the globe organized to demand recognition of what was already known in their hearts. The time to write that final chapter is now.

For two years, I tracked anti-immigrant vigilantes through the desert along the U.S.-Mexico border. I met migrants who had blood coming out of their noses and purple masses where their lips used to be. I came upon migrants who were drinking their own urine to postpone death and saw mothers carrying their babies through the scorching, unforgiving terrain. I cannot forget the faces of people who were walking for days simply to find a job. I met mothers whose children died of dehydration and spent countless hours trying to conceive of a solution to the human rights tragedy created by borders. After many discussions with migrants, from rural communities in Mexico, to the border, and in communities across the United States, I kept hearing the same phrase: Tenemos un derecho humano a cruzar fronteras, translated, We have a human right to cross borders.

. . . Challenging the assumption that the rights of countries to regulate migration are superior to our rights as human beings to cross borders is long overdue. Now is the time for migrants and their allies to share their experiences, hopes, and aspirations, and to stop tailoring the discourse to sound appealing to the oppressors.

Past social movements provide examples of individuals asserting their rights despite immoral laws. Rosa Parks knew she possessed the right to sit anywhere on the bus. Before the passage of the 19th Amendment, Susan B. Anthony knew that women possessed the right to vote. Similarly, we must now turn to those who are most profoundly affected by immoral and inhumane immigration policies to lead us by example. Let us bury the notion that migrants are simply economic victims who need activists to be their voices. Every footstep in the desert can be considered an act of civil disobedience by visionaries paving the way for a movement for equality, liberty, and freedom. Migrants across the world cross international boundaries because they know that mobility is a human right. They have already provided the leadership—now it is time to identify followers.

— Ray Ybarra, Movement Vision Lab (2007-11-25): Crossing the Border: Human Mobility as a Human Right

Read the whole thing.

Right on. My only caveat — the only thing that I’d want to change — is to suggest, instead of act of civil disobedience, to view independent border crossings as direct action. Immigrants aren’t crossing borders in order to get arrested, or to challenge the morality of government border laws; they are crossing borders in order to find homes and jobs — to get the things they need in their lives, even without the approval of coercive governments — in order to render the destructive violence and stupidity of government border laws simply irrelevant to the lives that they lead. Not because political actors have been challenged to the point that they are no longer willing to go on enforcing unjust border laws, but rather because the actions of the immigrants themselves, and those who stand in solidarity with them, have made them unable to go on enforcing unjust border laws, even if they wanted to.

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