Ion Smith and Frank Trumbetti are owners of one
of New Jersey's “non-essential” businesses ordered closed in mid March by New
Jersey Governor Phil Murphy. After waiting more than two months for permission
to reopen, a period in which myriad “essential” businesses continued to
operate, Smith decided to reopen his Atilis
Gym in Bellmawr, New Jersey, despite Murphy’s
continuing shutdown order.
As a result, the owners were ticketed multiple
times by police enforcing the governor’s orders, and one customer was arrested
for refusing to give his name to police. Ultimately, the gym was shut down by the state.
In a NJ Star-Ledger front page op-ed, Sorry,
that defiant N.J. gym owner is not a hero -- he’s part of the problem, Steve Politi (NJ Advance Media for NJ.com) went on the attack
against these two businessmen:
About a month into the pandemic, a friend of mine made the
perfect observation about human nature during this crisis: We won’t all get
infected by the coronavirus, but we’ve all been exposed.
That, luckily, includes thousands of people who have been
exposed as kind, generous and community minded. People like the newspaper
deliveryman bringing people their
groceries for free, or the pizzeria
owner who took out a line of credit to keep paying
his employees, or the teenager who is delivering
hot meals to overworked funeral
home directors.
I hope we’ll remember that, for the most part, humanity came
together during this awful time in our history. People are taking care of each
other. People are good.
But there are some who have been exposed in a bad way. The guy
in your town who refuses to wear a mask. The woman yelling at the poor
restaurant employees in those viral videos. The “patriots” bringing their
assault rifles into state capitol buildings.
And
now, the South Jersey gym owner trying to pass himself off as a champion for
small businesses -- the one who declared yesterday that he has “no doubt that
we’re on the right side of this” -- goes onto that list.
Ian Smith is no hero.
Politi goes on to pay lip service to the plights
of “Small businesses and individuals in this state [who] are being absolutely
strangled,” as Smith put it. “This doesn’t mean I don’t feel sorry for Smith
and people like him,” Politi claims; this, after putting Smith “onto that list”
of irresponsible jerks—and then belittling Smith’s efforts to maximize
safety:
Smith tried to assure everyone that he was taking precautions,
that he rearranged the gym equipment to provide more social distancing and that
his staff was “stepping up” cleaning efforts. That’s all well and good, and
maybe there will be a time when those measures will be good enough for all
fitness centers to open.
That isn’t Smith’s decision to make.
Actually, it is Smith’s decision to make.
It’s his employees’ decisions to make. It’s his customers’ decisions to make.
It is each of us, as free individuals, to decide, as long as we are not sick,
whether or not to take the risk. It is not Politi’s decision. It is not
Murphy’s decision--not after all this time, not when the risks and necessary
safety procedures have become well known and established. Driving is risky,
too. We don’t ban driving. We establish traffic laws to minimize the risks,
ticket or remove drivers who violate those rules of the road, and then leave
people free to go about their travel as long as they follow the rules, each
according to his own rational assessment of the risks within the context of all
of his other values.
Government’s role in a pandemic is essentially
no different. We all know the “social distancing” rules. Is it proper for the
government to set voluntary standards in a pandemic? I believe yes. And the
government should make available all relevant knowledge as it becomes known.
Then it is up to people to be free to make their own choices. Yes, the government
can and should hold people who are sick with COVID-19, and know it,
accountable. People who are sick should be placed on mandatory quarantine.
People should be required to get tested when possible. The proper purpose of
government is to secure our individual rights. Just as it is a violation of
rights to punch someone in the nose, so it is a violation to knowingly and
deliberately infect another with a dangerous infectious disease. Such people
should be prosecuted for assault.
But individual rights are not Politi’s concern,
so he doesn’t even factor in individual rights. In reply to a Facebook comment
by Frank Trumbetti, the other co-owner of Atilis Gym, “We truly believe that if
we don’t do this, in the end, we will have zero rights and no say in what
happens,” Politi lectured “He might want to read up on how a democracy works
next time he’s on the treadmill.” [my emphasis]
Politi does seem to know “how a democracy
works.” But he might want to read up on how the American concept of government
works. The primacy of liberty rights, not voting, is the foundation of
Americanism. We do not live in a majority rule--i.e., mob rule--nation.
Democracy holds that there are no inalienable individual rights; that a
political official can dictate anything, as long as he is elected. A
constitutionally limited republic, the American concept, holds that individual
rights supersede, and are protected from, any electoral outcome. Democracy is a
manifestation of totalitarianism. Politi provides concrete proof of this truth.
He says Murphy’s emergency actions are “how a democracy works.” He’s absolutely
right: authoritarianism is precisely “how a democracy works.” But that
is not how America’s government is supposed to work.
And what is the root of totalitarianism? Politi
is brutally clear:
Ian Smith is no hero. Don’t buy into that malarkey, and be
thankful that the dozens of supporters gathered outside of his Bellmawr gym are
in a minority that, frankly, is getting far too much attention. He isn’t just
putting his customers at risk by defying a state order to keep non-essential
business closed.
He is sending an awful message that personal needs -- his
business, and therefore, your business -- are above the greater good.
There you have it. Rights, such as customers
themselves making their own risk assessments, are “malarkey” and contrary to
the “greater good.” What is “the greater good”? The good of the
collective--of society, a majority? A collective is only a number of
individuals. Which individuals get to determine the greater good? Steve Politi?
Phil Murphy? If so, why is Politi’s, or Murphy’s, or their supporters’ “good”
any greater than Smith’s or Trumbetti’s or, for that matter, their customer’s
good?
Collectivism is one of mankind’s darkest evils.
Collectivism is the moral escape hatch to justify a blank check for the
coercive power to run roughshod over others’ lives, liberties, or property.
There’s no escaping the logic of the collectivist premise: If the “greater
good” takes precedence over the individual, then that means that some people’s
good--personal needs or business--takes precedence over other people’s good,
which means that whoever happens to work themselves into a position as the
collective’s political leader gets to define the “greater good” and thus
gets to determine whose good (or interests) is to be forcibly sacrificed.
Don’t buy the malarkey that Murphy is protecting the “greater good.” If he
wanted to do that, he would be guided by the principle of inalienable
individual rights, a principle that belongs to collectivism’s antipode,
individualism. Murphy is dictating on behalf of some people’s good at the
expense of other people’s good.
By what right? It is just this kind of power,
the political power to enforce some people’s interests at the expense of other
people’s interests, that the American individualist principles of inalienable
individual rights and equal protection of the law is designed to prevent. The
owners of Atilis Gym and their willing customers and willing employees (if any)
are violating no one’s rights.
But even for those who believe the gym should
stay closed, it is still a fact and principle of justice that securing
individual rights, not democracy, is the proper fundamental American
standard of evaluation. Science must inform. But so must economics, ethics, and
political philosophy--a nation’s fundamental values. It is not the executive
order of any elected politician. It is not the opinion of any influential
newspaper columnist. It is not the majority. But individual rights is the
fundamental standard of evaluation in America. Whenever government officials
act to restrict our freedom, it is up to them to justify the restrictions to
the governed, not the other way around. Emergency powers are not open-ended
grants to political leaders to do whatever they dictate to whomever they choose
to dictate to. Emergency powers, even though liberty is restricted in the short
term, must be just powers; that is, powers geared toward protecting
individual rights, not violating rights. All political decisions and all law grows from that premise.
That’s the American concept of government.
By resorting to the collectivist justification,
Politi is acknowledging that he doesn’t understand, or care, about America’s
governing principles, and doesn’t respect individual rights--and that he is a
media lapdog for the collectivist-in-chief, Governor Phil Murphy.
It is increasingly clear that Murphy’s agenda is
much deeper than containing the pandemic. It is about advancing the reactionary
premise of collectivism in the culture and commandeering greater power to the
government. A broad rebellion involving Democrats and Republicans, labor and
business is gathering steam against Murphy’s tactics. Murphy doesn’t
care.
When “asked if he’s gone too far and should be
getting approval from lawmakers for his decisions," Murphy shot back “I would
say emphatically: It takes a village.”
When “Some counties and business associations
have offered their own recommendations and timelines for reopening, Murphy,
though, claiming it’s ultimately his administration’s call, replied “I’m very
happy to see folks thinking this through at a tactical level, but we move as
one state.”
My emphasis: The “one state” and the “village”
turns out to be Phil Murphy, and only Phil Murphy. That’s the only way
collectivism can work--through a central dictator.
Politi asks, “What if every small business owner
decided that he or she wanted to take the same stand as Smith?” “I know the
answer,” Politi lectures, “Thousands of more people would get infected, and
therefore, the already horrifying
death toll would grow even higher."
But if avoiding death is the standard, then
should we shut down driving, flying, boating, participatory sports,
construction? If the “village” locked all of us down and attached tracking
ankle bracelets to us all, the murder rate would probably drop. Lives would be
saved. If death is the only concern, life can’t go on for billions of people.
But, as two major European leaders bluntly
acknowledged to their citizens, “the
world needs to adapt to live with the coronavirus and cannot wait to be saved
by the development of a vaccine.” This means leaving people free. People will
get sick. A small percentage will die. But they will anyway. The virus has no
cure and no vaccine. It’s going to run its course no matter what. Avoiding
death should not be a rationalization for undermining freedom through
collectivism.
A pandemic is a tough nut to crack, in terms of
figuring out the proper extent of government involvement. But it is in
situations like this that loyalty to the right philosophical principles is most
needed. Kudos to Smith and Trumbetti and their supporters for standing up for
their rights. Yes, they are heroes. Every time any American stands up for his
moral right to attend to his own personal needs, his business, his interests,
he stands up for the rights of all Americans.We may disagree on details, but as
Americans there is no greater good than the individual, and especially the
individual’s right to earn a living.
Related Reading:
Democratic
Governors Threaten Business Owners Who Reopen Ahead of Schedule by Robby Soave for Reason.com
The
Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and
What We Can Do About It by Timothy Sandefur
2 comments:
Neither assessment of risk nor risk management is a proper function of law and government.
On what basis does government assume authority in public health generally, and in motor vehicle traffic in particular? It does so on the basis of the same old thing, unalienable individual rights.
If people can carry a disease and spread it without actually 'having' it or experiencing symptoms, that doesn't give government authority to step in. With diseases like flu or a common cold, people have usually been expected to function normally and even go to work. Government never assumed authority to quarantine or lock down.
Why so with covid-19? It's because it is known to be of sufficiently high risk of causing death, like exceeding the speed limit on a highway. So, a limited quarantine, by government, might be called for. The question is who should be quarantined and for how long.
A reasonable expectation of safety from contagious disease and from carnage on the highways must be provided. What is reasonable? That must be determined to tell if law and government is called for to protect rights. So, we must know what rights are to tell what's reasonable where law and government is concerned. It's really a matter of initiatory force, even when the initiator doesn't know he is initiating force, which can be the case with diseases and highway traffic. It's the same as with out-and-out crime, except there, the perpetrator almost always knows he's using force and doesn't care that he's initiating it.
What's reasonable must ALWAYS be determined in terms of rights, in order to keep law and government within their proper bounds.
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