Tag Archives: public urination

SYNDICATED COLUMN: Here’s the Constitutional Amendment We Need But Never Thought About

Image result for public urination

Amendment XXVIII: No law governing a basic human need shall be passed in a jurisdiction whose government fails to provide citizens with the means to fulfill that need.

Start gathering petition signatures.

If you’ve ever had to work for someone else, you’ve probably been presented with a no-win situation of someone else’s making. “Be promptly at your desk at 9 am,” my boss ordered me. “We can’t have customers calling at the start of business with no answer.” Reasonable. But it was a two-man office — him and me — he had the only key and he was often late. When customers complained, he’d yell at me. “What would you have me do,” I’d ask, “break in?” Unreasonable.

A lot of bosses are stupid little tyrants. But government should know better than to pass a law its citizens can’t obey.

Like most cities, New York prohibits public urination. It’s no longer a criminal offense but public pee-ers still risk a ticket and a fine. The NYPD issues 20,000 to 30,000 such summons a year. Yet, as The New York Times noted in 2016, “New York City…is one of the most public-bathroom-resistant places in the world.”

People pee. People poo. A city that chooses not to provide people to pee and poo knows that some folks won’t find their way to Starbucks or other de facto public restrooms before it’s too late.

The city wants people to pee and poo in public.

Experts estimate that properly equipping Gotham’s streets with the thousands of toilets necessary to serve the city’s inhabitants and visitors would cost tens of millions of dollars. “I gave you a pot to piss in” isn’t the legacy most mayors want to be remembered for (though perhaps they should reconsider). Getting NYC to do the right thing by everyone with a bladder would require ratification of my proposed 28th Amendment.

If nothing else, those who answer nature’s call in the streets and avenues could do so without fear.

Some people charged with a crime have successfully used the “necessity defense” that the harm they committed was necessary in order to avoid a greater wrong or harm. If you’re trying to escape from someone trying to kill you, a judge should dismiss the charge that you trespassed on private property to get away.

Yet, even though it defies common sense, American law still permits government to pass laws that are impossible to follow. In June the California Supreme Court ruled on a law requiring gunmakers to microstamp bullets fired from semi-automatic weapons with unique identifying information.

The court’s ruling was complicated but it included this gem: “impossibility can occasionally excuse noncompliance with a statute, but in such circumstances, the excusal constitutes an interpretation of the statute in accordance with the Legislature’s intent, not an invalidation of the law.” In other words, an impossible-to-follow law can be passed and no court can invalidate it. Each individual who wants to be exempted on the basis of impossibility must hire a lawyer and file a lawsuit.

The Impossible Law Amendment (ILA) would ensure that any law deemed impossible for any citizen to follow would be overturned on constitutional grounds.

Impossible-to-follow laws are more common than you might think.

The Affordable Care Act requires people to purchase health insurance from private for-profit corporations or get slapped with a fine when they file their annual tax returns.

The cheapest healthcare plans in the Obamacare marketplaces run around $1600 to $1800 in many counties. One out of four Americans say they can’t afford healthcare. If the United States insists on spending tax dollars on blowing up brown people in Muslim countries rather than caring for its own sick people, that’s a political priority this nation is free to select. But it’s insane to charge people a fee for not buying something they can’t afford. Punishment is immoral if there was no intent or desire to disobey the law.

The ILA would effectively eliminate an entire class of government fines for things people are mandated to buy but must have in order to live: motor vehicle registration fees, smog inspection fees, parking.

On July 27 The New York Times reported that parents, usually mothers, are routinely arrested and have their children taken away from them by child-welfare authorities, because they can’t afford daycare and so are found guilty of such “abusive” behavior as leaving their kid in the car for a few minutes while running into a store.

Children have died of heatstroke in locked cars, so it reasonable for the police to be concerned when they come across a possible case of neglect. But society should not criminalize the behavior of people who have no other choice. Daycare runs about $200 per week per child. Individual average income runs about $500 a week before taxes, or $350 after taxes. Unless the average American goes without food or shelter — which child-welfare authorities will look down upon at least much as leaving a kid in a car — he or she can’t afford daycare. In many other (civilized) countries, of course, daycare is provided gratis by the government.

If and when the U.S. provides daycare for all, it may prosecute parents for refusing to use it.

A government that passes laws that anyone — much less a significant portion of the population — cannot obey, yet imposes fines and jail terms, deserves nothing but contempt. Ratify the ILA!

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

SYNDICATED COLUMN: Stuck

Why Can’t the U.S. Move Forward?

“Your dearest wish is for our state structure and ideological system never to change, to remain as they are for centuries. But history is not like that. Every system either finds away to develop or else collapses.” Aleksandr Solzhenitsyn wrote that in 1974, in his famous “Letter to the Soviet Leaders.” But it could just as easily be addressed to President Obama, Congress, members of the media, corporate chiefs, and others who lead and maintain the power structure in the United States.

The United States is as ossified as the USSR was before its collapse.

Shortly after the start of the financial meltdown which began in 2009, polls found American citizens disgusted with the capitalist system. Tens of millions said they would prefer socialism. When the Occupy Wall Street movement took off in 2011, mainstream pundits began using the “R” word, revolution – but only to ask a question with a predetermined answer. Regime change, they said, was neither desirable nor possible.

Too bad.

We used to be a growing country. Not any more. We used to welcome new states into the Union. It’s been 53 years since we added a star to Old Glory; Puerto Rican statehood isn’t a subject of serious consideration. We used to amend the Constitution to suit changing mores. The last major amendment, granting the vote to 18-year-olds, was ratified in 1971. Apparently equal rights for women is too much to ask.

We don’t build anymore. Think about infrastructure. The last major public works project in U.S. history was the Interstate Highway System, built in the 1950s – not coincidentally when the economy was booming.

Our political system is ossified too. The massacre at Sandy Hook Elementary School in Connecticut prompted calls for tighter gun control. But nobody – not even liberals, the traditional enemies of gun rights – argued for getting rid of the Second Amendment which, depending on your interpretation of the prefatory comma, allows us to join a militia or carry guns in our waistbands. “I have no intention of taking away folks’ guns,” President Obama has said.

Well, why not? Personally, I’m against gun control and I’m glad that very little is going to change. Yet I find it disturbing that the Second Amendment is considered sacrosanct, even by the 24% of Americans who want to ban handguns. Pointing out that the country is very different now than it was in 1789 seems reasonable. Maybe we don’t need guns any more. A smart country, one willing to weigh the alternatives when trying to solve a problem, should be able to discuss the possibility of repealing the Second Amendment.

Look at our national political dialogue, which ranges from center-right (Democrat) to right (Republican). Whole strains of ideology – communist, socialist, nationalist, libertarian – are off the table. We pretend most of the ideological spectrum doesn’t exist. Not smart.

Our national unwillingness and/or inability to have a wide-ranging debate reminds me of New York City, where I have lived for many years. There are no public restrooms. Restaurants and other businesses post “Restrooms for Customers Only” signs on their doors. Yet peeing outside is against the law; in fact, it’s public exposure, a sex offense that can land you on a Megan’s Law-style pervert registry. So where are you supposed to go?

A child could tell you this is insane. You know what’s even more insane? That we New Yorkers don’t even talk about it. Like Germans on their way to work in the early 1940s, wondering what that funny smell coming from the camp down the road might be coming from, we pretend that this is all perfectly normal.

As a recent New York Times article by Louis Seidman pointed out, we have foolishly elevated the Constitution to the status of a sacred text, fetishizing a supposedly “living document” that in truth has been dead for years. (Congress, for example, has the sole right to start wars. President Bush ignored the U.S. Supreme Court’s decisions concerning POWs at Guantánamo. And so on.) The result, Seidman argues, is endless petty bickering about what the meaning of “is” is – and what that stupid comma was supposed to be for.

The question for any society is not how to figure out how to conform ourselves to rules and assumptions laid down by our forebears, but to come up with the smartest solutions to our problems and the best systems to make things run smoothly now and in the future. If we were revolutionaries, if we were inventing the United States from scratch, would we create the Electoral College? Doubtful.

The people of the United States are changing all the time, but the United States government and power structure are stuck. The political “culture wars” date to the 1960s and 1980s. Our military thinks the Cold War is still going on.

Our economy reflects our national congealing.

Once a “land of opportunity,” the U.S. is now anything but. If you’re born into a poor family, your chances of elevating yourself into the middle or upper class are lower in America than in other industrialized countries. “It’s becoming conventional wisdom that the U.S. does not have as much mobility as most other advanced countries,” says economist Isabel Sawhill of the Brookings Institution. “I don’t think you’ll find too many people who will argue with that.” Aside from the unfairness and the instability caused by inequality and lack of social mobility, we’re losing the talents of tens of millions of Americans who will never be able to live up to their potential, share their ideas and contribute to the making of a more perfect union.

We haven’t had a major social or political revolution since the 1960s. It’s been too long. Like the Soviet Union, we must develop – scrapping long-held assumptions and reconsidering everything from scratch – or collapse.

I think we’re headed toward collapse.

(Ted Rall’s website is tedrall.com. His book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan” will be released in November by Farrar, Straus & Giroux.)

COPYRIGHT 2013 TED RALL