Texas Police Shutdown Girls’ Lemonade Stand As Unlawful “Peddlers”

lemonade-shut-down-leadThe police in Overton Texas have scored another victory over neighborhood lemonade stands. We have periodically seen these cases where police swoop down on stands run by kids in one of the oldest traditions of American life. I do not blame the police as much as the City of Overton for failing to have a code that can accommodate such kid lemonade stands or a modicum of discretion afforded to police in the enforcement of city permit regulations. In the meantime, Andria and Zoey Green’s business is closed by order of the city.

A video shows the police questioning the mother and instructing her that a permit is required. When a friend went down to city hall to obtain a permit, the family was told that the city was willing to waive the $150 fee for the city’s Peddler’s Permit but would need to contact the health department for permission to operate the stand. This in turn would require an inspection that must be conducted and a permit must be issued in order to sell anything that must be temperature-regulated to prevent bacterial growth, including lemonade. In case you missed the gist of the story, this is a child’s lemonade stand that would require a variety of adults inspecting, permitting, and approving the operation before they can sell their first cup.

Source: KLTV

128 thoughts on “Texas Police Shutdown Girls’ Lemonade Stand As Unlawful “Peddlers””

  1. Lemonade Stands, Self-Defense, and the Law

    “What is the law — and what should it be?

    “These are the bigger questions that are not yet part of public consciousness. Every law and regulation, no matter how small, is ultimately enforced by the threat of violence on the part of public authority. Laws are not ‘nudges’; they are mandates enforced by the legal use of coercion against person and property.

    “[Frederic] Bastiat [See The Law (1850)] tried to get people to think hard about what was happening and how the law had become an instrument of plunder and violence, rather than a protector of property and peace. If the law itself is not just, the result is social division and widespread discontent. The relationship between the rulers and the ruled becomes distorted, and a sense of systemic injustice pervades the culture.

    “Bastiat observed this in horror in his time, and it’s a good description of our own:

    ” ‘The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.’

    “Further, and most poignantly in our time: ‘Sometimes the law places the whole apparatus of judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim — when he defends himself — as a criminal.’

    “Whether this happens at a traffic stop, at the arbitrary hands of an angry cop, or due to a tax or regulation passed by a legislature doesn’t change the nature of what is happening.”

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  2. Wadewilliams of coarse leaves out the federal incentives given to the states that accept the feds indoctrination.

    http://www.statebudgetsolutions.org/publications/detail/financial-incentives-are-the-core-of-new-education-standards

    “The implementation of the Common Core State Standards Initiative is forcing states to determine when a “good offer” becomes an offer that cannot be refused. That is to say that federal incentives offered to states for adoption of the Common Core State Standards (CCSS) have become very attractive–so attractive that “voluntary” participation in the program may be merely a nominal check on the centralization of American education.”

    But those are just those pesky details right Wade?

  3. Some read Charles Murray.

    I prefer Michael Sandel’s opinions on capitalism…

    “Markets to allocate health, education, public safety, national security, criminal justice, environmental protection, recreation, procreation, and other social goods unheard of 30 years ago. Today, we take them largely for granted.”

    Examples … for-profit schools, hospitals, prisons … outsourcing war to private contractors … police forces by private guards “almost twice the number of public police officers” … drug “companies aggressive marketing of prescription drugs directly to consumers, a practice … prohibited in most other countries.”

    More: Ads in “public schools … busses … corridors … cafeterias … naming rights to parks and civic spaces … blurred boundaries, within journalism, between news and advertising … marketing of ‘designer’ eggs and sperm … buying and selling … the right to pollute … campaign finance … comes close to permitting buying and selling of elections.”

  4. bigfatmike – “But for those who want a reset or a revolution, I wonder what will they use to replace the politicians?

    And if they have politicians in their utopia, what makes them think the new politicians will be any better than the old politicians.”

    BFM, The new politicians will be no different. As the song goes, “Meet the new boss, same as the old boss”. History shows that all democracies fail over time. The reset is inevitable. My point is, I just hate being on the down slope side of history of a once great nation. Other than the obvious, “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury.” the other problem the U.S. in my book is we are rich enough to ruin ourselves and are on top of the food chain. That is because we have no predator and no concern for subsistence, we are lazy and not developing. It’s like listening to a rich person whine about the world. They are not in the trenches so they can afford to preach. Think of all the great things that were done from about 1880 to 1969. Then compare that to the time period of 1969 to today.

    I would agree with you about the states, but the feds are removing more and more of states rights every year through agencies like the EPA etc… And, change through the vote is over since selling personal responsibility is never going to win you an election. “ask not what your country can do for you, ask what you can do for your country”. —John F. Kennedy It’s amazing a Democrat said this at one time, but then again, it was before 1969.

    I welcome the reset because I’d like to see what’s on the other side of it.

  5. Richard, my dear man, I am quit chilled out. I have an iced coffee in hand and am sitting in the warm sun on a very nice deck. I thought you were “over and out”, lol. As for me, I am going to take a dip in the lake.

  6. DBQ uses a tweeting bird as her avatar, perhaps you’d like to expound on the birdie too, lol.

  7. Clever of Jeb to want CC run from the state – because that is exactly how it is, and has been, run.

    Clever fellow.

  8. Karen, I love the picture, the colors, her hair, the profile, her bejeweled head piece, the era and its design. I don’t use her as an avatar because of her lifestyle. We’ve gone through this before, IIRC.

  9. Some may want to research Common Core.

    CC is a state run program. It is not a federal mandate. The federal government did not develop it.

    Don’t want CC in your schools? Talk to the principal. Write to your state legislator. Write to your governor. Obama has nothing to do with it. It is a STATE policy.

    Jeb Bush likes CC BECAUSE HE MADE A LOT OF MONEY FROM IT.

  10. Lemonaide in the shade
    Mayor of township is named Wade
    Pepsi Cola in your hola
    If he hollers make him pay
    Fifty dollars every day
    O U T spells Out and Out you go.

    Kids in that town need to get some paint balloons and start painting the city hall red. As in commie red.

  11. If we’re smart, we won’t let the right within 1000 miles of the EPA and child labor laws or ANY progressive legislation we’ve managed to pass in the last 200 years.

    We know how they feel about unions, about teachers, about public schools, about same sex marriage, about neighbor mosques, about the NRA, about AK-47s in Target, about Planned Parenthood, about the forced insertion of ultrasonic ‘rape rods’ in order to plan your family, about forcing doctors to lie about a fetus, about climate change, about science, about Medicaid, about free school lunch, about universal pre-school, about black presidents, about clean water, about clean air, about mountain top removal, about mining regulations, about tar sands, about emission standards, about minimum wage, about small governments and bathtubs, about early voting, about health reform, about taxes, about immigrants, about Baltimore, about militarized law enforcement, about women’s choice, about contraception, about open carry, about savages, about drooling feral blacks, about the LIKELIHOOD of mobs,

    No. Don’t let them anywhere near any decent life improving, progressive legislation. They have every intention of unraveling it ALL.

  12. Mata Hari started out in an unhappy marriage, got divorced, was a courtesan, lost child custody, and slid down to high priced call girl. Selling her favors to the highest bidder may have led to her execution as a spy, although there is intense debate about whether or not she actually did spy, or just liked to be paid regardless of which side of the war they fought on. She liked the finer things in life and sold her body to get them. And then got shot by a firing squad while bravely refusing the blind fold.

    She was tragically self destructive.

    1. Karen S. What a beautiful profile of Mata Hari. This man loves the silent era divas. Thank you so much for your pic of Mata Hari. Over and out.

  13. Oh, and speaking of state experiments in education, FL has made incredible gains in Latino and African American education performance, as well as school choice. I would be interested to know what methods they’ve employed successfully so others can emulate them. I know that Bush is a proponent of Common Core, although he thinks it should be regulated at the state rather than federal level. I don’t know if he likes CC in theory or in practice. The math problems I’ve seen from actual examples of CC are ridiculous.

  14. BFM:

    “I agree finding the right level of regulation and finding the right regulations (two very different issues) are difficult problems.

    But for those who want a reset or a revolution, I wonder what will they use to replace the politicians?”

    I agree with your former statement. The latter – I don’t know about anyone else, but I don’t think it’s possible to replace politicians in a representative government. My earlier statements expressed concern about a government increasingly unaccountable to its people, above the law, and causing increased poverty creating civil unrest if other efforts to reign it in fail.

    It would be nice to make politicians more answerable to the public, as well as ensure that the law applies to them equally. Yes, even the Clintons.

    It’s been a while since I checked. Does anyone know if Clinton is still running scared from the media, or if she’s still inexplicably leading the polls for Dems while simultaneously refusing to give interviews or answer questions about anything other than her burrito choices?

  15. 1:43PM, should be “soil”, not “soul”, but it’s also fitting. Freudian slip perhaps.

  16. I. Annie. Is that Pola Negri or Nita Naldi? Beautiful pic. I have no crstal ball, and I respect your reply. Turn on TCM and watch “Detour” right now. Over and out.

  17. “Richard Faust” must have a crystal ball too. How could anyone know who had dirt under their nails as children or adults?

  18. There is nothing wrong with allowing children to have some employment that is appropriate to their age, ability, their stamina and of course is not harmful to them. This doesn’t mean coal mines or chained to a cotton gin. Babysitting, mowing lawns, shoveling snow, washing cars or windows, weeding gardens.

    In the rural ranching area where I live, kids want to and are expected to help with farm chores and often are doing jobs like driving swathers, tractors, harrow beds, riding horses and driving cattle from one location to another, driving flatbed trucks and heaving bales of hay out for the livestock, helping out with the branding or ear tagging, raising their OWN livestock or raising their own crops. One 10 year old girl raised a 4 acre field of asparagus a few years ago as her own project for school credit. She was not only responsible for the day to day farming of the crop, but also for getting it to market, contacting brokers and selling her crop.

    MY first job at the age of 11 was to cut the pits out of apricots. One of my friend’s family owned acres and acres of fruit orchards in the Santa Clara Valley. We worked along the rest of the crew which was other neighborhood children and the children of the permanent orchard employees and migrant worker’s children. We would stand for about 6 hours and cut the pits out of the apricots using sharp knives, lay the fruit cut side up on the wooden drying trays and put the pits and rotten parts into a slop bucket at our feet. The pickers, usually local boys a bit older 13 to 15yrs and the migrant farm workers would climb into the trees on ladders and pick the fruit and bring it to us, replenishing the buckets so we could keep going. There was no slacking because the buckets just kept coming and you couldn’t fall behind. It screwed everyone up if you did. We got a break every few hours for water and to sit down, and a lunch break during the day for everyone under the shady trees. No one thought it unusual or slave labor. It was work. We got paid the same as everyone else doing the same job. The pickers and the processors who lit the sulphur fires to cure the cots were paid more because they had to work harder and had more knowledge. I did this every summer for 4 years, until I could get a job in a store or restaurant.

    As I recall, I think we were paid something like .80 an hour then maybe a whole dollar!!

    sweat shop kids had roof over their heads at least, they were grateful for it, no doubt….

    Since this was before welfare, food stamps, and the government dole… etc…..I imagine they were. Working is better than starving. They were also working for their entire family, who were also working hard. Everyone worked or starved.

    Fortunately, we don’t have those conditions anymore where you either starve or work as a child. However, working, being productive, entrepreneurial and earning your own money is one of the most valuable lessons a child can learn.

    Taking this small opportunity, a lemonade stand, away and teaching the children that you can’t do anything without the government is crippling and cruel.

    1. DBQ, you are the bomb. Most of the posters on this site have never had dirt under their manicured nails. Thank you very much. Over and out.

  19. Karen, I don’t remember that one. Funny/sad though. My favorite was the local park wouldn’t let us do our annual Fathers Day car show because we would ruin the grass. So we moved the show to the neighboring towns park and gave them the business instead. You were also not even allowed to walk across the high school baseball field.

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