American Elephants


Good Intentions: Really Stupid Regulations. by The Elephant's Child
May 26, 2012, 10:33 pm
Filed under: Capitalism, Economy, Law, Sports | Tags: ,

The Justice Department promised on Thursday to be “flexible” in enforcing the new rules that force public pools to buy and install lifts or ramps for the disabled, Pool operators have said this is an invitation to a flood of lawsuits against small business.

This marked a possible retreat for the department which earlier had ruled that under the Americans With Disabilities Act, all pools open to the public would  have to invest in elevators, ramps or lifts to accommodate the disabled.  Members of Congress threatened action, and earlier this month Justice extended the stay into next year. On Thursday, the department went further, saying the rules apply chiefly to new pools, while existing pools will only need to comply if it’s easy and cheap to do so.

“Readily achievable means that it is easily accomplishable without much difficulty or expense” the department said.  “This is a flexible, case-by-case analysis, with the goal of ensuring that ADA requirements are not unduly burdensome, including to small business.”

The reprieve comes just before the Memorial Day weekend, which marks the traditional opening day for many outdoor pools. So they can cross their fingers and open?

“It is obvious that the Obama administration is quickly backtracking after giving little thought to the real-world impact of this one-size-fits-all mandate,” said Sen. Jim DeMint (R-SC) who had tried to pass legislation halting the mandate.

There is as yet no amendment removing the language, which means it is still an active part of the bill. As usual, people with good intentions make silly regulations, because they cannot allow free people to make their own business decisions.

Steny Hoyer (D-MD), Minority Whip burbled: “For many Americans with disabilities, swimming pools are an important source of physical activity and emotional comfort.” Rolling back the rules, he said”would constitute a serious setback to American with disabilities, including many of our veterans —and I want you to think about this— many of our veterans were wounded while serving our nation overseas.”

And just think about it, many public pools have no disabled people among their customers, nor in their districts. It is a characteristic of the left that they believe themselves so clever that they can make wise rules for a huge country of some 330,000,000 people. Their intentions are so good, and the results of their hubris make such a mess of things.



More Regulation: No Credit Cards for Moms! by The Elephant's Child

Oh dear,  those wise elites in government really don’t think the ordinary folk who pay their salaries are very bright.  They are so anxious to protect us from ourselves.  Lawmakers apparently believe that Visa, Mastercard and Discover and  might not have the incentive to properly manage their own credit risk. If not aided by new regulations from Congress, people might run up more debt than they could repay — like the elected officials who have run up the national tab by$1.2 trillion just this year.

The Federal Reserve Board has issued the specific regulations called for in the Credit Card Accountability, Responsibility, and Disclosure Act (CARD).  I love the way the acronym comes first, then they figure out the name. The name is a little odd for a regulation that prohibits private companies from acting independently.

Federal Reserve Governor Elizabeth Duke declared the new rules to be a milestone in the effort to ensure that consumers who rely on credit cards are treated fairly.

It’s that old bugaboo “consequences.” The law is widely interpreted as prohibiting millions of stay-at-home-moms, and stay-at-home-dads from obtaining credit cards of their own. The “ability to pay” regulation requires credit card applicants to have an independent source of income to open an account or else find a co-signer.

(a) General rule. (1)(i) Consideration of ability to pay. A card issuer must not open a credit card account for a consumer…unless the card issuer considers the ability of the consumer to make the required minimum periodic payments under the terms of the account based on the consumer’s income or assets and current obligations.

(ii) Reasonable policies and procedures. Card issuers must establish and maintain reasonable written policies and procedures to consider a consumer’s income or assets and current obligations…It would be unreasonable for a card issuer to…issue a credit card to a consumer who does not have any income.

Homemakers actually do most of the household purchases, and over 45,000 of them have signed a petition  of protest that has gone to the Consumer Financial Protection Bureau. It’s really special being regarded as incompetent.




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