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HEALTH, SAFETY AND WELFARE OF CITIZENS ?   - Tom Abraham

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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 simply
vote 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. There
could be questionable clauses among the WHEREAS clauses that embodies an
Ordinance/ 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 on which 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 for
eight 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 Medicine
technologists, 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 cell
phones, 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 not
be 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 and
reviewed 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 dollar
legal 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 is
speeded 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 De
Coverley 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 !

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