Via Matt: I think everyone agrees that the South-Central ban on fast-food joints will be a failure. But Ezra wonders why Will Saletan is getting so excised about this, given that municipalities across the country create zoning laws all the time:
...the city council is doing something incredibly ordinary: Deciding what sort of establishment it will allow to open within its jurisdiction. This is called zoning, and not to scare anyone, but it happens all the time. Try and open a new bar in DC sometime and see how far you get. Try to bring some live music to Mt. Pleasant street and tell me if you get approval from the proper authorities. City governments have long used the preferences of residents or the perceived needs of the community to discriminate when licensing businesses for construction. It happens all over the country, every day, with every type of establishment.
I think I agree that is weird that this law--dumb as it is--is generating such fury. More to the point, locals have the right to pass as many dumb laws as they want. It's called democracy. It's not like this happened via judicial fiat. That said, I'm still thinking on whether banning, say, McNasty's is different than banning bars. I'm not clear that it's the same. But after waffling a few time, I think I'm going with John Cole on this one--of all the impositions that government puts on people, keeping them from buying a second Big Mac ranks kind of low:
There are far more serious and dangerous violations of your civil liberties happening every day done in the name of safety and the war on drugs and the war on terror, all committed by nameless, faceless, and unaccountable folks, and there is really nothing you can do about it. Fight back and you will be shot or tasered to death, or jailed for resisting arrest if you are lucky. And no one, that I can tell, other than Russ Feingold, the corpse of William kunstler, a few folks at Reason magazine, and some DFH’s, seems to give a shit.
At least with the LA City Council decision, you can address the issue. If it is unpopular, elect council members who will do your bidding. There is a course of action available.
Who do you turn to when the DEA shoots your dogs? Where do you go when Customs Agents steal your laptop? Who do you turn to when federal agents commit home invasion. That, to me, seems far more troubling than having to go to one of the already existing 200 McDonalds in LA for a burger.






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I think what has people exercised is more the condescending tone of the City Council -- that people, especially poor ones, are too dumb to make good food decisions.
You are right, though. Compared to the War on Drugs, this is minor league stuff.
As I commented at Matt's (http://matthewyglesias.theatlantic.com/archives/2008/07/banning_fast_food.php#comment-2529571) where I live in New Orleans already does this, and has for a long time. So it's a little bizarre to me watching people say it can't be done, or it's bound to fail.
I'm going to link to a fantastic balloon juice post on this theme:
http://www.balloon-juice.com/?p=10960
Compared to the War on Drugs this IS minor.
But how do you deal with the War on Drugs through zoning?
If you're going to talk about more serious issues, use the framework we're presented with. If they zoned liquor stores out, for example, would you think the policy as stupid?
i suspect that the reason the fast-food ban irks libertarians so very much is that it displays an attitude which they particularly despise, because it's displayed so openly among a certain type of liberal: paternalistic, heavy-handed nanny-statism about personal conduct, like the nutritional choices of adults. it's the judgement that rankles them.
i agree with Cole etc that the vast power and reach of laws and law enforcement, manifested through police brutality, no-knock raids, the drug war, etc, are more important, but the creeping overreach and we-know-best attitude of (for example) city councils is worse than it seems, because it's symptomatic of the same ignorant, judgemental, and fear-based mindset that has led to public acceptance of the war on drugs. as one of cole's commenters noted, the ban screws poor people out of a few jobs, as well.