Federalism [not equal to] freedom: state and local tyrants are still tyrants.

Authorde Rugy, Veronique
PositionColumn

What do home Bible study classes, transgender bathrooms, lemonade stands, cat litter, and marijuana have in common? To the blind eye, not much--but in fact, they're all things state and local governments are actively working to regulate.

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Recent legislation in North Carolina blocking cities from allowing trans individuals to use public bathrooms that are marked for the sex they identify as (instead of their biological sex at birth) has caused quite a ruckus. Many libertarians take issue with a state moving to quash a local ordinance--in this case, one written by the Charlotte City Council to allow transgender people to pee where the hell they want.

This is hardly the only instance of a state government acting against cities that want to implement freedom-enhancing policies. But while states are rarely consistent champions of individual liberty, it turns out local governments are frequently the worst offenders of all when it comes to petty tyranny.

The Charlotte ordinance that triggered state sanction added sexual orientation, gender identity, and marital status to the list of attributes protected from discrimination--not just for public accommodations such as hotels and railroads, but also for private businesses like restaurants and retail stores. This is more problematic than it might sound: The right of a private individual to decide with whom to do business according to the dictates of her conscience is the very essence of free association.

Local governments in some places have prohibited businesses from offering gender-neutral bathrooms, while in others, like Washington, D.C., they've prohibited single-stall bathrooms from being designated for one gender or the other. (Is it any wonder small businesses struggle to comply with the minutiae of local regulations?)

The buttinskyism extends far beyond bathrooms. Dozens of places, including Austin, Texas; Sacramento, California; and Thurston County, Washington, have banned supermarkets, convenience stores, and pharmacies from providing customers with free plastic bags.

"Many cities restrict the economic freedom of their residents and potential migrants through minimum wage laws, business licensing, rent control, and zoning restrictions," Mercatus Center state and local policy expert Adam Millsap explains. And many of these regulations, particularly zoning and occupational licensing laws, place a disproportionate burden on poor people and minorities.

This reality is at...

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