Connect with us

Opinions

‘Shut the front door’ on regulatory overreach

D.C. Council ‘nanny caucus’ pushes anti-enterprise legislative fads

Published

on

It’s hard work maintaining D.C.’s longstanding status at the very bottom of the barrel as the most “small-business-unfriendly” jurisdiction in the country. Some local elected officials, however, seem determined to repeatedly demonstrate that they remain fully up to the task of preserving the District’s ignominious distinction.

The latest example of this misguided enterprise entanglement and penchant for exceeding the compliance ability of government is a bill introduced last week by the cohorts of what some have begun referring to as the D.C. Council “nanny caucus” — Mary Cheh (D-Ward 3), Tommy Wells (D-Ward 6), Phil Mendelson (D-At-Large) and Jim Graham (D-Ward 1).

A proposed energy bill, heralded in a news release issued by Council member Cheh, includes a provision mandating that local businesses, as well as “commercial properties” such as “office buildings and service facilities,” “keep exterior doors and windows closed when an air conditioner that cools the adjacent area is in operation.”

Pause for eye rolling.

Enforcement would become the responsibility of the District Department of the Environment (DDOE), with fines and penalties to be administered by the Department of Consumer and Regulatory Affairs (DCRA). No details are offered regarding the number of government workers required to be tasked with inspecting the many thousands of applicable structures on a regular basis, or even if there is an adequate number to be pulled from other priorities to do so.

Exempt under the proposal are enterprises operating only a single business location, commercial properties of less than 4,000 square feet in size, exclusive of storage space, and hotels or restaurants. An odd and troubling omission is the lack of a specified exemption for bars and nightclubs alongside that for restaurants and hotels.

Regulations of this onerous variety are commonly introduced without inquiry or regard for the appraisal of in-house officials evaluating whether the inspection, enforcement and administrative responsibilities exceed the operational and functional capabilities of already overburdened city agencies. And, in order to maintain the perception of cost neutrality, such bills do not include provisions for increased agency staffing or related activity expenses necessary to actually implement such business mandates.

Quibbling over real-world practicalities or considering downstream implications is not the hallmark of other similar efforts by these same legislators. Why allow a perfectly good opportunity to extend the reach and growth of government to get sidetracked by mere bureaucratic details?

Is it not understood that business enterprises, commercial properties and office buildings are doing everything possible to reduce waste and eliminate unnecessary operating expenses? If only the same could be said of our city government.

Monitoring and maintaining energy and other efficiencies are especially critical in a locale with the second highest business taxation rates among states and one of the most heavily taxed places to live.

While most modern buildings are close to hermetically sealed, the practice of propping open or raising a door or two is usually borne of necessity – accommodating patron safety, operational practicality or employee service functions. Examples include heavily trafficked delivery docks and service bays, passageways for patio areas at bars and employee service personnel paths of access.

What, if any, is the energy use differential between seeping air and the nearly ubiquitous standard alternative — sensor-activated automatically sliding doors? Would the proponents deign that local businesses install behemoth electronic doorway structures, perhaps with double-doors creating a sealed “chamber-like” environment? What are the inherent carbon trade-offs of such a costly switch?

This increasingly isolated legislative minority has proven largely unsuccessful in gaining traction for similar initiatives among their colleagues on the 13-member Council. Thank goddess for small mercies.

However, their policy efforts appear limited only by what can be cribbed from the hit lists of special interest groups or that mimic legislatively trendy mandates offered up by hyper-regulatory counterparts in other jurisdictions. A reflexive tendency to meddle in the minutiae of business operation, as if a parent scolding a small child, has become as unflinchingly normal as commerce itself.

Instead of scheming up overzealous and ridiculous new business micromanagement measures of either controversial or counterproductive merit, we would be better served by sensible Council members supportive of local businesses and the revenues they generate.

Let’s hope this latest provision is quickly tossed in the legislative dustbin.

Mark Lee is a local small business manager and long-time community business advocate. Reach him at [email protected].

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Commentary

Non-alignment or hypocrisy: South Africa’s non-alignment costing Africa’s human rights discourse

Country must take stronger stance against Uganda’s anti-homosexuality law

Published

on

LGBTQ and intersex activists protest in front of the Ugandan Embassy in D.C. on April 25, 2023. South Africa must take a stronger stance against the Anti-Homosexuality Act that Ugandan President Yoweri Museveni has signed. (Washington Blade photos by Michael K. Lavers)

In the past several months, South Africa’s foreign policy has been in the spotlight for essential and existential reasons that significantly impact geopolitics and the continent’s stability. 

The foreign policy for South Africa discussion document by the Department of International Relations highlights the “advancement of human rights and the promotion of democracy” as the pillars on which South Africa’s foreign policy rests. This document emphasizes the role that South Africa is expected to play in the “promotion of human rights and democracy.”

Minister Pandor echoed this document in her 2022 end-of-year remarks

“We will continue with our unwavering position to advocate for a balanced Sustainable Development Program within the human rights framework as underlined in the Vienna Declaration and Program of Action (VDPA). In this regard, South Africa will be one of the chief proponents of a balanced agenda of the HRC, which reflects, among others, the primacy of achieving the realization of the right to development as well as moral human rights issues such as the eradication of poverty and underdevelopment.” 

South Africa has long been known for its commitment to human rights and its leadership in the fight against apartheid. However, its foreign policy continues to be viewed as ambiguous and nonresponsive to developments in African affecting the growth of the continent.

In 2021, President Ramaphosa — as chair of the SADC Organ Troika — committed to a national political dialogue in Eswatini to resolve the political killings in that country. However, the South African government has never followed up or called on the Eswatini government to adhere to its commitment, even as renowned human rights lawyer Thulani Maseko was mercilessly assassinated in January 2023. At the very least, this has not been seen publicly, which would be comforting to those political activists and citizens constantly living in fear in Eswatini. 

On May 29, the president of Uganda enacted the draconian Anti-Homosexuality Act. The new law is a throwback to colonization, where religious fanatism was the basis for the persecution and killing of many Africans. While Africa seems to take the posture of “fighting against imperialism,” it is saddening that this law is the brainchild of American zealots funding hate across Africa, whether it is in Uganda, Ghana, Kenya, Malawi or Namibia. These zealots, the Fellowship Foundation and many others, are well coordinated in their attacks on the judiciary and the African human rights framework, backed by the 75-year-old Universal Declaration of Human Rights.  

In an era where Africa is seen to be taking a stance against imperialism, I shudder to contemplate that hate may be the only imperialist agenda Africa is not actively standing up against. We know the history of petty offences like homelessness and loitering, sedition laws, and anti-LGBTI laws. These are remnants of colonization to keep Africa inferior and the colonial masters superior. Today, the hate continues through repressive and backwards sentiment being paraded as religious values. Uganda’s anti-homosexuality law criminalizes what it calls “aggravated homosexuality” with the death penalty. It would be hard to imagine what “aggravated homosexuality” even means. 

This is another opportunity where South Africa’s posture and foreign policy must be spotlighted. With the growing conversation about the ICC arrest warrant of President Putin, South Africa has reiterated its foreign policy as non-alignment and non-interference. 

However, when the question of human rights and democracy is at play, all must take a stand. This law has been widely criticized by human rights organizations and the international community for violating the rights of LGBTIQ+ individuals and hindering the fight against HIV. It further impedes what Minister Pandor called the “balanced agenda of the HRC,” which speaks to sustainable development within the human rights framework. 

It should be worrying if South Africa continues to maintain a policy of non-alignment and non-interference in the face of the new law in Uganda. While this policy may have its merits, it raises questions about South Africa’s commitment to human rights and its role as a leader in Africa. A foreign policy that neglects the promotion of human rights and democratic principles is hypocritical. On the one hand, South Africa is seen as a leader in promoting LGBTIQ+ rights and has one of the most progressive constitutions in the world regarding protecting the rights of LGBTIQ+ individuals. However, on the other hand, it has failed to take a strong stance against Uganda’s anti-homosexuality law, which is a clear violation of human rights.

By maintaining this policy, South Africa is essentially condoning Uganda’s anti-homosexuality law and undermining the fight for human rights in Africa. This is particularly concerning given South Africa’s leadership role in the African Union and its commitment to promoting human rights and democracy.

South Africa’s foreign policy regarding Uganda’s anti-homosexuality law raises questions about its commitment to non-alignment and human rights in Africa. While non-interference may have its merits, it should not come at the expense of human rights and the fight for equality and justice. 

South Africa must take a stronger stance against Uganda’s anti-homosexuality law and work towards promoting human rights and democracy in Africa.

Melusi Simelane is the Southern Africa Litigation Center’s Civic Rights Program Manager.

Continue Reading

Opinions

Republicans prove how vile and frightening they can be

Attacks will continue if we don’t defeat right-wing figures everywhere

Published

on

Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade file photo by Michael Key)

Day after day we see Republicans trying to outdo each other in how vile and frightening they can be. From the fight over the debt ceiling, to their presidential primary, they continue to try to take the nation backwards. 

In the debt ceiling fight, they clearly say, “We will protect the wealthy in our country at all costs, and instead will cut, or eliminate, programs to help the poor.” The far-right wing crazies like Marjorie Taylor Greene (R-Ga.), Matt Gaetz (R-Fla.), Andy Biggs (R-Ariz.), Chip Roy (R-Texas), and Lauren Boebert (R-Colo.), are threatening their own speaker, Kevin McCarthy (R-Calif.), with the loss of his job if he doesn’t go along with what they want. Now that a deal has been cut, we will see how they, and left-leaning Democrats who have been putting pressure on President Biden to reject all Republican demands, will vote. These are facts of life in our nation today. Any person with a shred of decency should be embarrassed. I don’t envy President Biden for what he has to do to keep the nation from defaulting on its debts. The political reality is that he had to give in on some issues. Democrats should not fault him, but rather blame Republicans. 

It is scary when you see what Republicans are doing around the nation with regard to abortion rights, civil rights, and LGBTQ rights. One recent example being Florida Gov. Ron DeSantis proudly signing the bill making abortion only legal until six weeks. There are women who don’t even know by then they are pregnant. Also, it’s time men start understanding how this impacts them. Women need to remind the fathers what their responsibility will be if they both aren’t ready for a child but are forced to have one.

One ignorant parent in Florida complained, and according to politico was able to have “A Miami-Dade elementary school limit some access to Amanda Gorman’s presidential inauguration poem, ‘The Hill We Climb,’ complaining that it contained indirect “hate messages.” This is insanity and the clear result of Trump’s impact on the culture of the nation. He made it OK to once again have hatred spewed from the public square, frightening decent people. 

Like the threats against Target. CNN reported the company was “removing some products that celebrate Pride month after the company and its employees became the focus of a “volatile” anti-LGBTQ campaign. The company told the Wall Street Journal that people have confronted workers in stores, knocked down Pride merchandise displays and put threatening posts on social media with video from inside stores. Some people have thrown Pride items on the floor, Target spokesperson Kayla Castaneda told Reuters. CNN went on to report “Prominent right-wing activists, Republican political leaders, and conservative media outlets, have focused their attention on a women’s swimsuit that was described as “tuck friendly” for its ability to conceal male genitalia. Misinformation spread on social media that it was marketed to children, which it was not.” Again, insanity, promoted by the right wing. The people doing this should be arrested and prosecuted.

It only gets worse as Republican candidates running for president try to outdo each other with anti-LGBTQ rhetoric, trying to improve their poll numbers. DeSantis can tout his “don’t say gay legislation.” Sen. Tim Scott (R-S.C.), a Black man, who says the country is not racist, touts his opposition to marriage equality. Then there is Mike Pence who will quote the Bible to you, claiming it tells us how terrible it is to be gay. 

The Daily News recently reported “Following last year’s more than 220 anti-LGBTQ bills introduced across the country, a poll by The Trevor Project found 71% of LGBTQ youth — and 86% trans and nonbinary youth — said they were negatively impacted by the flurry of proposals to restrict their rights.” They went on to report, “As of May 23, more than 520 anti-LGBTQ bills have been introduced in statehouses across the country, according to the Human Rights Campaign. More than 220 of those specifically restrict the rights of transgender and nonbinary people. These are all Republican bills.

This will continue unabated if we don’t defeat Republicans everywhere. In sharp contrast, Democrats in the Maryland legislature, led by Delegates David Moon (D-Montgomery County) and Luke Clippinger (D-Baltimore County) and State Senator Howard Lam (D-Baltimore and Howard Counties), managed to repeal the states sodomy law and pass gun-control measures.

Republicans will continue to carry out their agenda of hate across the nation unless we say with our votes, “We won’t take this anymore.” The United States is better than this and we will show the world we will not tolerate hate; we will fight it.  

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

Continue Reading

Opinions

Trans rights have reached a crisis point

We should fear DeSantis more than Trump

Published

on

Michael Knowles speaks at CPAC. (Screen capture via Vimeo)

Trans rights have reached a crisis point. There’s no other way to say it. 

On March 4, CPAC speaker Michael Knowles plainly stated that “if [transgenderism] is false, then for the good of society, transgenderism must be eradicated from public life entirely – the whole preposterous ideology.”

To liken transness as a mere ideology is problematic on many different counts, but that paled in comparison to Knowles’s need for us to be eradicated. Eradication rhetoric is a genocidal tool, to ask and plead for an entire subpopulation to go away in one fell swoop is murderous and brutal. Genocides begin with this kind of rhetoric, then escalate to dangerous politicians being elected to office, then escalate even more to harsh policy, then escalate yet again when those harsh policies force humans to have to do many things — be locked in a cage, move out of the country, or even detransition, in this case. 

Look no further than what happened at the southern border during Trump’s years in office, when images of migrants and their children surfaced at maximum security facilities, lying on the floor with nothing but a meager blanket and barbed wire surrounding their bodies. 

Indeed, a lot of the CPAC conference was dedicated to engaging in these culture wars — but Knowles’s statement of eradication goes beyond the normal cultural bickering. This is why trans politics are at a dangerous turning point. 

Adding to this chaos are bathroom bills and sports policies that prevent trans high schoolers from accessing the bathroom they need, or playing on the right side of their sports team. 

In conversations with professionals, academics, and friends, I like to mention the fact that Republicans take peoples’ rights away when they notice that those people have gained more freedom. Think of it this way: when I was in high school, in 2010, far fewer trans people were out with their identities. Transness didn’t take a center stage in culture — be it on the left or on the right. And as a result, trans students were only attacked by bullies and in locker rooms, not by state politicians. 

But the rise of Gen Z has witnessed many high schoolers now flouting gender norms, going by nonbinary pronouns, and being proud of their gender variance. Moreover, society is filled with many more trans models and celebrities. When our presence becomes celebrated and known, Republicans will then take the necessary tools to push us back into the closet. 

What’s adding to the concern is the rise of smarter Republican candidates for the 2024 election who have exactly the same feelings of Trump but with higher intellects. Ron DeSantis is an example of a presidential contender who mirrors Trump’s bigotry and policies but is far more targeted and intelligent in his approach to public speaking and politics. Indeed, Democrats should be more afraid of DeSantis than of Trump. 

On an end note, I like to summon an old saying by the late Martin Luther King. “The arc of the moral universe is long but it bends toward justice.” No matter how much cruelty Republicans will put us through, they won’t succeed in the long run. More and more of society is catching up to the fact that trans people deserve respect and fairness. There will come a day when we have to sigh less and less about the state of our rights. 

Isaac Amend (he/him/his) is a trans man and young professional in the D.C. area. He was featured on National Geographic’s ‘Gender Revolution’ in 2017 as a student at Yale University. Amend is also on the board of the LGBT Democrats of Virginia. Find him on Instagram @isaacamend.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular