A Fresh New Year Means Fresh New Restrictions on Gas-Powered Leaf Blowers


reason-blow

Like so many freshly fallen leaves, new restrictions on gas-powered landscaping equipment are blanketing the nation.

Washington, D.C., rang in the new year by implementing a prohibition on gas-powered leaf blowers that the city had passed in 2018. Beginning January 1, landscaping companies and individual lawn care enthusiasts alike are now subject to $500 fines for using gas-powered blowers in the city.

Just a few weeks prior, the California Air Resources Board (CARB)—the state’s primary air pollution regulator—voted to ban the sale of gas-powered leaf blowers and lawnmowers beginning in 2024.

CARB’s decision doesn’t prevent the use of gas-powered landscaping devices. But an increasing number of cities in the state, including places like Oakland and Hayward, are going that mile by passing municipal bans this past year.

Leaf blowers’ critics argue their noise and noxious emissions far outweigh the convenience they add to tidying lawns and clearing sidewalks.

“I hear from residents all of the time about the nuisance and the noise that is created. It prevents them from working and it prevents them enjoying the peace in their own homes,” said D.C. City Councilmember Mary Cheh during a 2018 hearing on the city’s then-proposed leaf blower ban.

A D.C. city council report from that year said that 170 municipalities restrict or ban gas-powered leaf blowers, and that list is only growing. At least 60 California municipalities have passed restrictions on these machines as of 2020.

This crusade for quieter neighborhoods is producing some exceptionally broadly written policies.

Take Princeton, New Jersey. In October 2021, the city passed an ordinance banning the use of “noise-creating gas-powered equipment, blowers, power fans or internal combustion engines” during early mornings and evenings, Sundays, Christmas, Thanksgiving, New Year’s, and Fourth of July (lest the leaf blowers compete with the sound of booming fireworks) during certain times of the years.

That inclusion of “internal combustion engines” had a few Twitter posters musing about whether Princeton has also accidentally banned traditional gas-powered cars as well.

“I can see why some might read it that way, but the new Princeton leafblower ordinance doesn’t ban internal combustion cars,” writes Gregory Shill, a professor at University of Iowa College of Law, in an email.

Shill tells Reason that because the general subject of the city’s ordinance concerns the regulation of landscaping equipment, the legal principle of “ejusdem generis” means that catchall phrase about “internal combustion engines” shouldn’t be interpreted as limiting the use of literally all gas-powered engines in the city.

“In sum, this is good news for Princeton residents who were worried about their gas-powered cars,” he says.

Nevertheless, these more limited restrictions are provoking complaints of overreach from the landscaping industry, who argue that emissionless electric-powered leaf blowers they’re being shifted toward aren’t adequate substitutes.

One industry representative cited by the Los Angeles Times said that a three-person landscaping crew would need to carry 30 to 40 fully charged batteries to power its equipment during a full day’s work.

A D.C. city government report notes that most battery-powered leaf blowers can only operate for about 10–15 minutes at full power (or an hour at lower-power settings) and that corded leaf blowers often lacked the range needed for commercial-scale landscaping.

“While excellent for homeowner use, electric-powered blowers on the market today do not have sufficient power or duration to replace gasoline engines for professional use,” Bob Mann, a representative of National Association of Landscape Professionals, told the D.C. city council when it was considering its ban.

In addition to the burdens placed on businesses, gas leaf blower bans also have a more visceral cost.

As I wrote in 2020, “a well-manicured lawn, maintained by loud, gas-guzzling machines, has long been a symbol of freedom, prosperity, and the American dream.”

Clearly policy makers are increasingly willing to sacrifice that part of the American dream for a little more street-level domestic tranquility.

The post A Fresh New Year Means Fresh New Restrictions on Gas-Powered Leaf Blowers appeared first on Reason.com.

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A Fresh New Year Means Fresh New Restrictions on Gas-Powered Leaf Blowers


reason-blow

Like so many freshly fallen leaves, new restrictions on gas-powered landscaping equipment are blanketing the nation.

Washington, D.C., rang in the new year by implementing a prohibition on gas-powered leaf blowers that the city had passed in 2018. Beginning January 1, landscaping companies and individual lawn care enthusiasts alike are now subject to $500 fines for using gas-powered blowers in the city.

Just a few weeks prior, the California Air Resources Board (CARB)—the state’s primary air pollution regulator—voted to ban the sale of gas-powered leaf blowers and lawnmowers beginning in 2024.

CARB’s decision doesn’t prevent the use of gas-powered landscaping devices. But an increasing number of cities in the state, including places like Oakland and Hayward, are going that mile by passing municipal bans this past year.

Leaf blowers’ critics argue their noise and noxious emissions far outweigh the convenience they add to tidying lawns and clearing sidewalks.

“I hear from residents all of the time about the nuisance and the noise that is created. It prevents them from working and it prevents them enjoying the peace in their own homes,” said D.C. City Councilmember Mary Cheh during a 2018 hearing on the city’s then-proposed leaf blower ban.

A D.C. city council report from that year said that 170 municipalities restrict or ban gas-powered leaf blowers, and that list is only growing. At least 60 California municipalities have passed restrictions on these machines as of 2020.

This crusade for quieter neighborhoods is producing some exceptionally broadly written policies.

Take Princeton, New Jersey. In October 2021, the city passed an ordinance banning the use of “noise-creating gas-powered equipment, blowers, power fans or internal combustion engines” during early mornings and evenings, Sundays, Christmas, Thanksgiving, New Year’s, and Fourth of July (lest the leaf blowers compete with the sound of booming fireworks). During the summer and winter months, gas-powered leaf blowers can’t be used at all in Princeton.

That inclusion of “internal combustion engines” had a few Twitter posters musing about whether Princeton has also accidentally banned traditional gas-powered cars as well.

“I can see why some might read it that way, but the new Princeton leafblower ordinance doesn’t ban internal combustion cars,” writes Gregory Shill, a professor at University of Iowa College of Law, in an email.

Shill tells Reason that because the general subject of the city’s ordinance concerns the regulation of landscaping equipment, the legal principle of “ejusdem generis” means that catchall phrase about “internal combustion engines” shouldn’t be interpreted as limiting the use of literally all gas-powered engines in the city.

“In sum, this is good news for Princeton residents who were worried about their gas-powered cars,” he says.

Nevertheless, these more limited restrictions are provoking complaints of overreach from the landscaping industry, who argue that emissionless electric-powered leaf blowers they’re being shifted toward aren’t adequate substitutes.

One industry representative cited by the Los Angeles Times said that a three-person landscaping crew would need to carry 30 to 40 fully charged batteries to power its equipment during a full day’s work.

A D.C. city government report notes that most battery-powered leaf blowers can only operate for about 10–15 minutes at full power (or an hour at lower-power settings) and that corded leaf blowers often lacked the range needed for commercial-scale landscaping.

“While excellent for homeowner use, electric-powered blowers on the market today do not have sufficient power or duration to replace gasoline engines for professional use,” Bob Mann, a representative of National Association of Landscape Professionals, told the D.C. city council when it was considering its ban.

In addition to the burdens placed on businesses, gas leaf blower bans also have a more visceral cost.

As I wrote in 2020, “a well-manicured lawn, maintained by loud, gas-guzzling machines, has long been a symbol of freedom, prosperity, and the American dream.”

Clearly policy makers are increasingly willing to sacrifice that part of the American dream for a little more street-level domestic tranquility.

The post A Fresh New Year Means Fresh New Restrictions on Gas-Powered Leaf Blowers appeared first on Reason.com.

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OPEC+ Sticks With Existing Agreement, Will Hike Oil Output By Another 400K Bpd

OPEC+ Sticks With Existing Agreement, Will Hike Oil Output By Another 400K Bpd

In what may have been one of the shortest meetings in OPEC+ history, the oil cartel and its allies agreed to restore more halted production as the outlook for global oil markets improved, with demand largely withstanding the new coronavirus variant.

The 23-nation alliance led by Saudi Arabia and Russia approved another 400,000 barrel-a-day increase scheduled for February at a meeting on Tuesday, according to a statement published after today’s meeting. The group is sticking to its plan to gradually restore output halted during the pandemic after its analysts predicted a smaller surplus this quarter than previously expected. The full statement is below:

24th OPEC and non-OPEC Ministerial Meeting No 02/2022

Following the formal conclusion of the 23rd OPEC and non-OPEC Ministerial Meeting (ONOMM) held via videoconference on Thursday December 2, 2021, and in view of current oil market fundamentals and the consensus on its outlook, the OPEC and participating non-OPEC oil-producing countries:

  1. Reaffirm the decision of the 10th OPEC and non-OPEC Ministerial meeting on 12th April 2020 and further endorsed in subsequent meetings including the 19th OPEC and non-OPEC ministerial meeting on the 18th July 2021.

  2. Reconfirm the production adjustment plan and the monthly production adjustment mechanism approved at the 19th OPEC and non-OPEC Ministerial Meeting and the decision to adjust upward the monthly overall production by 0.4 mb/d for the month of February 2022, as per the attached schedule.

  3. Reiterate the critical importance of adhering to full conformity and to the compensation mechanism taking advantage of the extension of the compensation period until the end of June 2022. Compensation plans should be submitted in accordance with the statement of the 15th OPEC and non-OPEC Ministerial Meeting.

  4. Decided to hold the 25th OPEC and non-OPEC Ministerial Meeting on 2 February 2022.

The decision was fully priced in, and the price of Brent rose to session highs, reversing all SPR-release losses as global fuel consumption continues to recover from 2020’s collapse as rising traffic and factory activity across key Asian consuming countries and dwindling crude inventories in the US boost oil prices..

AS Bloomberg notes, OPEC+ had already restarted about two-thirds of the production it halted in the early stages of the pandemic. The alliance is seeking to drip-feed the remainder at a pace that will satisfy the recovery in fuel consumption — and stave off any inflationary price spike — without sending the market into a new slump.

That said, there are questions about whether OPEC+ will can actually deliver the full monthly increment, given the recent struggles of some members such as Angola and Nigeria to hit their production targets. Just 130,000 barrels a day of additional OPEC+ crude are likely to hit the market in January, followed by 250,000 barrels a day in February, according to Amrita Sen, chief oil analyst and co-founder at Energy Aspects Ltd.

Meanwhile, while OPEC+ expects a supply glut to emerge this month, it appears to be smaller than previously thought. The increasing price premium of near-term Brent crude futures over later-dated contracts suggest the market remains tight. Production will exceed demand worldwide by 1.4 million barrels a day in the first three months of the year, the group’s Joint Technical Committee concluded on Monday, compared with 1.9 million in its previous assessment.

The cartel isn’t concerned about adding barrels at a time of surplus because fuel inventories are currently at low levels and typically replenish during the seasonal demand lull, according to a delegate. Stockpiles in developed nations were 85 million barrels below their average from 2015 to 2019 as of November, according to the JTC.   At a separate and very brief online meeting on Monday, OPEC ministers appointed veteran Kuwaiti oil executive Haitham Al-Ghais as its new top diplomat, to assume the post in August after the term of its current Secretary-General Mohammad Barkindo expires.

 

Tyler Durden
Tue, 01/04/2022 – 09:45

via ZeroHedge News https://ift.tt/32Iyv8K Tyler Durden

‘Should Police Arrest Sex Workers for Standing Around?’ No, of Course Not.


zumaamericasthirtythree221293

“Should police arrest sex workers for standing around?” the Los Angeles Times asked yesterday, calling the matter a “thorny question.” But this shouldn’t be a difficult question at all (only “misogynists and authoritarians” could think it is, Twitter user @seran72 suggests). Sex workers aren’t second-class citizens, and they deserve the right to exist in public spaces as much as anyone else does. What’s more, vague and open-ended “loitering for prostitution” laws like the one in question are easily used by police for harassment, since they allow arrest merely for existing outside when authorities think you shouldn’t.

Thankfully, the tide is starting to turn against such laws, which opponents say are particularly dangerous to transgender women and people of color. (Many refer to them as “walking while trans” laws.) Laws like these don’t require any prostitution or even solicitation to prostitution to take place, merely being out in public in a way that authorities determine reflects an intent to sell sex. With such subjective criteria, it’s easy to see how they might be abused or used in discriminatory ways.

Last February, New York state repealed its “loitering for the purposes of prostitution” statute. Now California may do the same. A bill to repeal California’s law against “loitering for the purpose of engaging in a prostitution offense” passed the legislature last September and awaits Democratic Gov. Gavin Newsom’s approval or rejection.

But opponents of the repeal rely on myths, scare tactics, and paternalism to justify the law. Trotting out the evidence-free assertion that most people selling sex are actually victims being forced into it, they claim that arresting sex workers is the only way to save them—never mind the trauma that can come from arrest, the potential for police abuse, the danger inherent in jails (especially during a pandemic), or the fact that saddling someone with court fees and a criminal record is hardly the basis for expanded opportunities.

The Times article on California efforts to repeal its prostitution loitering law repeats these prohibitionist tropes, after opening with the lurid, lazy, and melodramatic prose so typical of media about sex workers. (“Cold blue light from a convenience store sign spilled onto Star and Dream, not their real names, as they stood on a dark sidewalk in the Mission District, working to sell sex to johns. In a scene repeated daily on dozens of similar ‘tracks’ across the state, men in cars rolled slowly by the women, who are just past their teenage years but looked young enough to be on their way to a high school dance.”)

The sex workers in the article note that the loitering law doesn’t help them and is instead used by police to harass them. “I’ve gotten tickets for just like standing right here,” one says. Police “are always looking for a reason to mess with me,” says another.

But the Times gives equal space to the voices of people who oppose prostitution and any attempts to decriminalize it, including a former prosecutor who has an upcoming book about her (unsuccessful and unconstitutional) prosecution of the founders of Backpage. And, inexplicably, the article frames the fight over loitering laws as pitting “sex workers against other sex workers and trafficking survivors,” despite the fact that no sex workers against repeal are actually quoted and there’s ample research suggesting that decriminalization can reduce sex trafficking and keep everyone involved safer.

The bottom line, as San Francisco sex worker Lisseth Sánchez tells the Times, is that “it is absolutely not necessary to arrest people for their own good.”


FREE MINDS 

New York lawmaker pushes unconstitutional infringement on social-media speech. Democrats and Republicans are mad at Section 230—the federal communications law that, among other things, shields social media companies from some legal liability for user-generated posts—”because they both want to control the internet in a manner that helps ‘their team,'” suggests Mike Masnick at Techdirt. (That’s what we’ve said, too!) “But both approaches involve unconstitutional desires to interfere with 1st Amendment rights. For Republicans, it’s often the compelled hosting of speech, and for Democrats, it’s often the compelled deletion of speech. Both of those are unconstitutional.”

Republicans have passed blatantly unconstitutional social media laws in Texas and Florida. Now Democrats want in on the game in California and New York.

New York state Senator Brad Hoylman “has proudly introduced a hellishly unconstitutional social media bill,” notes Techdirt:

Hoylman announces in his press release that the bill will ‘hold tech companies accountable for promoting vaccine misinformation and hate speech.’ Have you noticed the problem with the bill already? I knew you could. Whether we like it or not, the 1st Amendment protects both vaccine misinformation and hate speech. It is unconstitutional to punish anyone for that speech, and it’s even more ridiculous to punish websites that host that content, but had nothing to do with the creation of it.

More details about the bill here.


FREE MARKETS

“Home prices today are 41% higher than the peak of the housing bubble in 2006,” notes Michael Hendrix, the Manhattan Institute’s director of state and local policy, at Persuasion. Over that same period, median incomes went up just 8.8 percent. What to do?

Get rid of restrictive zoning laws, Hendrix argues:

Pro-housing advocates argue that home prices are artificially high because the supply of homes is dangerously low, thanks to red tape and costly bureaucracy. Less supply and rising demand mean higher prices—it’s Economics 101. Indeed, America is nearly 4 million homes short of demand. Zoning rules carve up cities and towns with top-down dictates on what property owners can do with their own land, like mandates for single-family homes on enormous lots with lots of required parking.

“It is illegal on 75% of the residential land in many American cities to build anything other than a detached single-family home,” observes The New York Times’s Emily Badger. …

The price of housing used to march in lockstep with the cost of construction—pay more and you get a better house. But starting in the 1970s, right when zoning began spreading nationwide, those two prices diverged, with home prices soaring while building costs remained stable. That gap is like a “zoning tax” that falls hardest on the poorest Americans and raises the price of entry to cities with the most jobs and opportunity. Today’s housing crisis is the American Dream turned nightmare.


QUICK HITS

• COVID-19 cases in the U.S. have reached a new peak that’s more than double the previous peak:

• Senate Majority Leader Chuck Schumer (D–N.Y.) is threatening to change Senate rules if Republicans block a vote on Democrats’ voting bill. “The weaponization of rules once meant to short-circuit obstruction have been hijacked to guarantee obstruction,” he suggested yesterday in a Dear Colleague letter. Sen. Mike Lee (R-Utah) called it a “rash, partisan power grab.”

• “More Border Patrol Agents died in the line of duty during 2021 than in any other time since the agency’s inception,” reported Breitbart. Left out of the fearmongering tweet, and the headline about a “historic level of line-of-duty deaths,” is that 13 of the 15 agents died due to COVID-19.

• The democracy-is-ending industrial complex churns on…

• A victory for Libertarian Party members in Maine, where a federal judge ruled that “Libertarians can nominate candidates under the party banner for the 2022 election, regardless whether their numbers reach the minimum threshold under state law.”

• A privacy lawsuit against Amazon can continue. “Amazon.com Inc failed to persuade an Illinois federal judge to toss a lawsuit accusing the company of unlawfully collecting ‘facial geometry’ scans of employees at fulfillment warehouses as part of COVID-19 wellness checks,” notes Reuters. “U.S. District Judge Mary Rowland in Chicago declined to dismiss the proposed class action on Monday, in which a former employee alleged the e-commerce company collected his facial and other data without proper consent under the Illinois Biometric Information Privacy Act (BIPA).”

• Department of prohibition kills:

• COVID is ravaging city jails again. In New York City, the infection rate “has hit a staggering new high – with almost 37% of prisoners recently tested for the virus coming back positive,” the New York Daily News reports. “The new numbers — measuring a seven-day test positivity through Sunday — come two weeks after the outgoing city jails commissioner warned of a ‘crisis level‘ of COVID cases bearing down on the population at the troubled Rikers Island complex.”

• Are strip club dancers employees or independent contractors? A growing number of lawsuits asks this question. “Nationwide, federal court records show that more than two dozen recent lawsuits have targeted the corporate owners of Jaguars: RCI Hospitality Holdings, a for-profit corporation based in Houston that comprises dozens of strip clubs and topless clubs marketed under various brand names,” reports the Texas Observer.

• The fight over Biden’s Federal Trade Commission and Federal Communications Commission nominations continues.

The post 'Should Police Arrest Sex Workers for Standing Around?' No, of Course Not. appeared first on Reason.com.

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‘Should Police Arrest Sex Workers for Standing Around?’ No, Of Course Not.


zumaamericasthirtythree221293

“Should police arrest sex workers for standing around?” the Los Angeles Times asked yesterday, calling the matter a “thorny question.” But this shouldn’t be a difficult question at all (only “misogynists and authoritarians” could think it is, Twitter user @seran72 suggests). Sex workers aren’t second-class citizens, and they deserve the right to exist in public spaces as much as anyone else does. What’s more, vague and open-ended “loitering for prostitution” laws like the one in question are easily used by police for harassment, since they allow arrest merely for existing outside when authorities think you shouldn’t.

Thankfully, the tide is starting to turn against such laws, which opponents say are particularly dangerous to transgender women and people of color. (Many refer to them as “walking while trans” laws.) Laws like these don’t require any prostitution or even solicitation to prostitution to take place, merely being out in public in a way that authorities determine reflects an intent to sell sex. With such subjective criteria, it’s easy to see how they might be abused or used in discriminatory ways.

Last February, New York state repealed its “loitering for the purposes of prostitution” statute. Now California may do the same. A bill to repeal California’s law against “loitering for the purpose of engaging in a prostitution offense” passed the legislature last September and awaits Democratic Gov. Gavin Newsom’s approval or rejection.

But opponents of the repeal rely on myths, scare tactics, and paternalism to justify the law. Trotting out the evidence-free assertion that most people selling sex are actually victims being forced into it, they claim that arresting sex workers is the only way to save them—never mind the trauma that can come from arrest, the potential for police abuse, the danger inherent in jails (especially during a pandemic), or the fact that saddling someone with court fees and a criminal record is hardly the basis for expanded opportunities.

The Times article on California efforts to repeal its prostitution loitering law repeats these prohibitionist tropes, after opening with the lurid, lazy, and melodramatic prose so typical of media about sex workers. (“Cold blue light from a convenience store sign spilled onto Star and Dream, not their real names, as they stood on a dark sidewalk in the Mission District, working to sell sex to johns. In a scene repeated daily on dozens of similar ‘tracks’ across the state, men in cars rolled slowly by the women, who are just past their teenage years but looked young enough to be on their way to a high school dance.”)

The sex workers in the article note that the loitering law doesn’t help them and is instead used by police to harass them. “I’ve gotten tickets for just like standing right here,” one says. Police “are always looking for a reason to mess with me,” says another.

But the Times gives equal space to the voices of people who oppose prostitution and any attempts to decriminalize it, including a former prosecutor who has an upcoming book about her (unsuccessful and unconstitutional) prosecution of the founders of Backpage. And, inexplicably, the article frames the fight over loitering laws as pitting “sex workers against other sex workers and trafficking survivors,” despite the fact that no sex workers against repeal are actually quoted and there’s ample research suggesting that decriminalization can reduce sex trafficking and keep everyone involved safer.

The bottom line, as San Francisco sex worker Lisseth Sánchez tells the Times, is that “it is absolutely not necessary to arrest people for their own good.”


FREE MINDS 

New York lawmaker pushes unconstitutional infringement on social-media speech. Democrats and Republicans are mad at Section 230—the federal communications law that, among other things, shields social media companies from some legal liability for user-generated posts—”because they both want to control the internet in a manner that helps ‘their team,'” suggests Mike Masnick at Techdirt. (That’s what we’ve said, too!) “But both approaches involve unconstitutional desires to interfere with 1st Amendment rights. For Republicans, it’s often the compelled hosting of speech, and for Democrats, it’s often the compelled deletion of speech. Both of those are unconstitutional.”

Republicans have passed blatantly unconstitutional social media laws in Texas and Florida. Now Democrats want in on the game in California and New York.

New York state Senator Brad Hoylman “has proudly introduced a hellishly unconstitutional social media bill,” notes Techdirt:

Hoylman announces in his press release that the bill will ‘hold tech companies accountable for promoting vaccine misinformation and hate speech.’ Have you noticed the problem with the bill already? I knew you could. Whether we like it or not, the 1st Amendment protects both vaccine misinformation and hate speech. It is unconstitutional to punish anyone for that speech, and it’s even more ridiculous to punish websites that host that content, but had nothing to do with the creation of it.

More details about the bill here.


FREE MARKETS

“Home prices today are 41% higher than the peak of the housing bubble in 2006,” notes Michael Hendrix, the Manhattan Institute’s director of state and local policy, at Persuasion. Over that same period, median incomes went up just 8.8 percent. What to do?

Get rid of restrictive zoning laws, Hendrix argues:

Pro-housing advocates argue that home prices are artificially high because the supply of homes is dangerously low, thanks to red tape and costly bureaucracy. Less supply and rising demand mean higher prices—it’s Economics 101. Indeed, America is nearly 4 million homes short of demand. Zoning rules carve up cities and towns with top-down dictates on what property owners can do with their own land, like mandates for single-family homes on enormous lots with lots of required parking.

“It is illegal on 75% of the residential land in many American cities to build anything other than a detached single-family home,” observes The New York Times’s Emily Badger. …

The price of housing used to march in lockstep with the cost of construction—pay more and you get a better house. But starting in the 1970s, right when zoning began spreading nationwide, those two prices diverged, with home prices soaring while building costs remained stable. That gap is like a “zoning tax” that falls hardest on the poorest Americans and raises the price of entry to cities with the most jobs and opportunity. Today’s housing crisis is the American Dream turned nightmare.


QUICK HITS

• COVID-19 cases in the U.S. have reached a new peak that’s more than double the previous peak:

• Senate Majority Leader Chuck Schumer (D–N.Y.) is threatening to change Senate rules if Republicans block a vote on Democrats’ voting bill. “The weaponization of rules once meant to short-circuit obstruction have been hijacked to guarantee obstruction,” he suggested yesterday in a Dear Colleague letter. Sen. Mike Lee (R-Utah) called it a “rash, partisan power grab.”

• “More Border Patrol Agents died in the line of duty during 2021 than in any other time since the agency’s inception,” reported Breitbart. Left out of the fearmongering tweet, and the headline about a “historic level of line-of-duty deaths,” is that 13 of the 15 agents died due to COVID-19.

• The democracy-is-ending industrial complex churns on…

• A victory for Libertarian Party members in Maine, where a federal judge ruled that “Libertarians can nominate candidates under the party banner for the 2022 election, regardless whether their numbers reach the minimum threshold under state law.”

• A privacy lawsuit against Amazon can continue. “Amazon.com Inc failed to persuade an Illinois federal judge to toss a lawsuit accusing the company of unlawfully collecting ‘facial geometry’ scans of employees at fulfillment warehouses as part of COVID-19 wellness checks,” notes Reuters. “U.S. District Judge Mary Rowland in Chicago declined to dismiss the proposed class action on Monday, in which a former employee alleged the e-commerce company collected his facial and other data without proper consent under the Illinois Biometric Information Privacy Act (BIPA).”

• Department of prohibition kills:

• COVID is ravaging city jails again. In New York City, the infection rate “has hit a staggering new high – with almost 37% of prisoners recently tested for the virus coming back positive,” the New York Daily News reports. “The new numbers — measuring a seven-day test positivity through Sunday — come two weeks after the outgoing city jails commissioner warned of a ‘crisis level‘ of COVID cases bearing down on the population at the troubled Rikers Island complex.”

• Are strip club dancers employees or independent contractors? A growing number of lawsuits asks this question. “Nationwide, federal court records show that more than two dozen recent lawsuits have targeted the corporate owners of Jaguars: RCI Hospitality Holdings, a for-profit corporation based in Houston that comprises dozens of strip clubs and topless clubs marketed under various brand names,” reports the Texas Observer.

• The fight over Biden’s Federal Trade Commission and Federal Communications Commission nominations continues.

The post 'Should Police Arrest Sex Workers for Standing Around?' No, Of Course Not. appeared first on Reason.com.

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Rabobank: After Two Very Unusual Years, 2022 Might Be The Year That Finally Reveals The True State Of The Economy

Rabobank: After Two Very Unusual Years, 2022 Might Be The Year That Finally Reveals The True State Of The Economy

By Stefan Koopman, Senior Macro Strategist at Rabobank

Happy New Year from RaboResearch! We wish you all a healthy, happy and successful year, and hope that you will stay with us throughout 2022.

The first trading day of this year was a rather quiet one in terms of news, with relatively thin liquidity and significantly below average volumes as markets were closed in Japan, China and in the United Kingdom. Elsewhere in Europe and in the United States, investors picked up more or less from where they left off in 2021, meaning that the risk mood was generally positive. Bonds slumped and equities reached fresh record highs. The MSCI World index rose 0.3%. This is, of course, far from any reliable indication of how the rest of the year is going to play out: the global index rose 0.7% on the first day of trading in 2020, while it fell 0.7% as 2021 commenced. It’s just another day, really.

That said, it is a new year, P&L’s are back at zero, so the financial punditocracy is invited to identify the risks in store for 2022. This typically culminates into an extended list of “known unknowns”, which, by its very definition, isn’t particularly revealing. However, the impact of this type of risk is still potentially large, as long as it is not fully priced. The most prominent one is the Fed overcompensating for its fears of a looming wage-price spiral, which could push the global economy back into a recession. But what about the increasingly tight and demanding labor markets; or the numerous scenarios in which distorted consumption patterns, supply-chain snarls and inflationary pressures don’t normalize anytime soon; or China continuing to fight last years’ war as it obstinately pursues a zero-Covid policy; or the simultaneous reversal of fiscal stimulus in *all* developed economies; or a Europe without energy or direction just as Merkel breaks in her new hiking boots? And what about Russia, Ukraine, Iran, Turkey, Afghanistan or climate change? Let alone the unknown unknowns… the commentariat hardly ever gives those a mention ;-)!

The overall consensus is that global growth will ease, that the easy money has already been made, and that the expected return per unit of risk moderates. We forecast global GDP growth for 2022 at 3.9%, down from 5.6% last year, as the low-hanging fruit of re-opening has been consumed and supply bottlenecks and higher prices for tradable goods and commodities curb discretionary spending. That said, although global inflation remains elevated well into 2022, we remain of the view that a return to wage-price spirals in major economies seems improbable and that price pressures will weaken (or reverse?) without central bank interventions once market forces are able to ease supply chain problems. That would mean inflation is *transitory* after all.

So long as inflation does indeed appear to be receding, global bond markets should be able to weather some modest monetary policy tightening. In fact, as our Rates team has outlined time and again, we do believe that central bank efforts to tackle supply-side price pressures by curtailing demand through tighter financial conditions is only likely to strengthen the already clear market message that inflation is set to retreat from its current lofty levels over the longer run. Even though US inflation accelerated to a 40-year high of 6.8% in November, this helps to explain the notable flatness of the Treasury curve even before policy normalization has commenced. The economy may not have the capacity to sustain a “normal” policy tightening cycle if demand is indeed softening with uncustomary rapidity. This is what makes 2022 particularly interesting: after two very unusual years, which didn’t remotely resemble anything of a regular business cycle, it might be the year that finally reveals the underlying health of the economy.

Day ahead

Earlier this morning, China’s Caixin Manufacturing PMI came in at 50.9 in December, up from 49.9 in November and reaching its highest level since June. The survey notes that output rose at its quickest rate in the past year as supply constraints and inflationary pressures eased. This chimed with the latest batch of manufacturing PMIs in Europe and the US, which indicated that supply bottlenecks and delivery times improved. That said, in China, future output expectations hit its lowest point since April 2020 as firms worry about the potential shock to supply chains of Covid-19 outbreaks. Note that the one in the city of Xi’an –a major industrial hub– caused authorities to enact sweeping restrictions on a scale rarely seen since Wuhan. 

Our commodity strategist Ryan Fitzmaurice notes that oil markets are gearing up for what is likely to be an exciting year with expectations for both oil supply and demand to grow meaningfully in the months ahead. In fact, global oil demand is widely expected to reach new all-time highs above the 100mb/d mark in 2022, while the supply-side will largely be dependent on OPEC and its allies. The group will decide today on output levels for February. A continuation of the current pact, which is to increase oil output by 400kb/d per month until pre-pandemic levels are achieved, is to be expected. It is however worth noting that even if the group agrees to increase production quotas, realized output might underperform given recent production issues in Libya and Nigeria. 

The National Bank of Poland will probably be the first central bank to raise interest rates this year. The consensus sees it raising its benchmark rate by 50 bps to 2.25% at today’s MPC as it seeks to curb inflation, which is expected to have exceeded 8% y/y in December. Recall that the benchmark rate was just 0.1% in September. 

In the US, the focus will be fully on the ISM Manufacturing report. The headline and the prices paid indexes may grab all attention, but it’s worth keeping an even closer eye on the data and anecdotal evidence on new orders, inventories and deliveries to see whether the demand-driven yet supply chain-constrained environment indeed starts to balance.

The JOLTS report is also up for today. This one doesn’t get much love from investors, as it lags the nonfarm payrolls more than a month, but it really is a treasure trove of labor market data. It is expected that the November figures show that job openings (11.05mn expected) continue to outstrip unemployment (7.4mn), which indicates that the labor market is unusually tight and the unemployment rate is set to decline further.

Tyler Durden
Tue, 01/04/2022 – 09:30

via ZeroHedge News https://ift.tt/3ESA0OG Tyler Durden

NYC Mayor Adams Mulls Booster Mandate To Jump-Start Big Apple’s Economy

NYC Mayor Adams Mulls Booster Mandate To Jump-Start Big Apple’s Economy

Newbie NYC Mayor Eric Adams has already promised to keep 1M+ students attending classes in person at the Big Apple’s public schools. Meanwhile, Wall Street megabanks  – including JPM and Goldman Sachs – are delaying their employees’ return to the office.

Because of all this, Mayor Adams has said the city’s vaccination requirements could be modified to move the next deadline to April.

“We will do an analysis around April based on the Department of Health and Mental Hygiene and see if we want to mandate them,” Adams said in a Monday interview on Bloomberg Television’s “Balance of Power with David Westin.”

Right now, public sector employees are required to be fully vaccinated. A vaccine mandate for private-sector workers went into place on Dec. 27, with employees required to get their second dose within 45 days or they won’t be allowed to come to their workplaces.

Adams, who became the city’s 110th mayor on Saturday, also said he was urging banks and other businesses who are letting employees work from home during the winter COVID spike to bring those workers back to the office instead. 

Many are worried that NYC’s critically important financial ecosystem could face a serious threat in the coming

“That accountant from a bank that sits in an office, it’s not only him, it’s our financial ecosystem. He goes out to the restaurant. He brings the business travel, which is 70% of our hotel occupancy. He participates in the economy,” Adams said.

At least Mayor Adams is willing to admit that the Big Apple needs higher office occupancy rates to return to the thriving.

“They cannot remotely do their jobs. I need companies back open and operating. You cannot run a city like New York on 30% occupancy in buildings,” Adams said.

That’s something to keep in mind.

Tyler Durden
Tue, 01/04/2022 – 09:15

via ZeroHedge News https://ift.tt/3EV1Rh8 Tyler Durden

What Will Surprise Us In 2022

What Will Surprise Us In 2022

Authored by Charles Hugh Smith via OfTwoMinds blog,

What seemed so permanent for 13 long years will be revealed as shifting sand and what seemed so real for 13 long years will be revealed as illusion. Magical thinking isn’t optimism, it is folly.

Predictions are hard, especially about the future, but let’s look at what we already know about 2022. 

Viewed from Earth orbit, 2022 is Year 14 of extend and pretend and too big to fail, too big to jail and Year 2 of global supply chains break and energy shortages.

The essence of extend and pretend is to substitute income earned from increases in productivity–real prosperity–with debt–a simulation of prosperity –that doesn’t solve the real problems, it simply adds a new and fatal problem: since productivity hasn’t expanded across the spectrum, neither has income or prosperity.

All that happened over the past 13 years is that debt–money borrowed against future productivity gains and energy consumption–funded illusions of prosperity in all three sectors: households, enterprise and government.

The explosion of debt and interest due on that debt could not occur if interest rates still topped 10% as they did 40 years ago in the early to mid-1980s. We couldn’t add tens of trillions of dollars, yen, yuan and euros in new debt unless interest rates were pushed down to near-zero (for the government, the wealthy and corporations only, of course–debt-serfs still pay 7%, 10%, 15%, 19%, etc.)

This monetary trick was accomplished by making central banks the linchpin of the entire global economy as central banks created “money” out of thin air and used the currency to buy trillions in government and corporate bonds, artificially creating near-infinite demand which then drove the rate of interest into the ground.

Without continuous injections of more “free money” and suppression of interest rates, the market–oh, the horror!– would re-assert its price discovery mechanisms which tied interest rates to risk. The cost of money is causally tied to the perceived security of the currency (i.e. risk) and the interest earned when lending it out (i.e. return or yield).

The $100 USD bill (good old Benjamin) protected from the tropic environment in a plastic bag will have more value than a 100 peso bill in any jungle on the planet because of the general perception that the Benjamin will still have considerably more value tomorrow, next month and even next year than the 100 peso note.

If risk is perceived to be higher, then interest rates must compensate for this risk by being much higher for risky currencies, borrowers and investments.

The central bank-engineered suppression of interest rates has destroyed the market’s core mechanism of causally linking risk and the cost of money. Near-zero interest rates implies near-zero risk, and so this entire 13-year spree of suppressing the cost of money has institutionalized moral hazard, the disconnect of risk and consequence.

The ultimate artifice of extend and pretend is that risk has been vanquished: over-extended and over-leveraged borrowers can always roll over their existing debt and borrow more as ever-lower rates of interest, in effect paying interest with new debt.

Since risk is essentially zero, then why not make use of this opportunity by gaming the system? The big players who broke the laws against insider trading, selling securities designed to fail, etc., found that the global Empire of Debt viewed prosecuting financial crimes as potentially upsetting, so not only did risk fall to zero, so did the consequences of fraud, collusion and malfeasance.

And since the bigger players had unlimited access to central bank credit, their bets quickly became so risky and so large that the entire financial system became fragile and vulnerable to cascading collapse. Central banks and state treasuries were forced to bail out the most egregious criminal firms and ignore the criminality of individuals in those firms, institutionalizing too big to fail, too big to jail.

The truly interesting thing here is that the stability of any system depends on precisely what central banks have extinguished: a transparent market that prices risk within the constraints of consequences. Over the past 13 years, the invulnerability and rewards bestowed on those who borrowed to the hilt and then borrowed even more and put all the central bank-issued “money” on leveraged bets has trickled into the consciousness of retail punters, individuals, households and small-scale gamblers, oops, I mean investors.

With real productivity and earnings stagnant and all the gains of gaming the central bank’s suppression of risk flowing to the top 0.1%, the commoners have now followed the Nobility into the casino. Wealth is no longer perceived as flowing from productivity but from speculation and the leaping from one asset bubble to the next.

Since increasing productivity cannot be made risk-free while speculation can be made to appear risk-free for a time, all the money and talent has flowed into speculation. The real world rots away as everyone pursues the incentives that the central bank regime have created to game the financial system and speculate as wildly as you can because there’s no longer any risk of any asset ever declining ever again.

The central bank regime incentivized speculation by rewarding those who borrowed and leveraged the biggest bets. In the central bank casino, everyone who bets on asset bubbles expanding to the sky is a winner. Anyone who took real-world risks by investing in the production of goods and services was a loser.

I often refer to first-order and second-order effects, and that’s the story that will be told in 2022 with explosive results. First-order effects: actions have consequences. Second-order effects: those consequences have consequences.

The first-order effects of central banks’ suppression of rates and risk were spectacularly rewarding: assets soared to ever higher highs and enough of the flood of new credit reached the masses to spark an orgy of consumption paid not by earnings and productivity but by debt. Corporations didn’t boost productivity, they borrowed billions and bought back their own shares, reducing the float and thereby generating higher profits per share.

But the new incentive structure generated by this destruction of market dynamics destroyed not just price discovery of risk, it also destroyed the foundation of true prosperity: investing in increasing productivity rather than in speculative gains.

The Federal Reserve managed to suppress interest rates but it doesn’t control risk or consequence. On the systems level, all that central banks accomplished was to transfer all the risk piling up as a consequence of their incentivizing of speculation to the entire financial system itself.

By incentivizing speculation and feeding the belief that assets can never decline, the central banks have implicitly made a promise they cannot keep: consequences have been extinguished along with risk. One consequence of incentivizing speculation and backstopping the biggest players’ bets is that the biggest players have garnered the vast majority of the gains (see chart below). This vast differential has generated unprecedented wealth inequality, a concentration of wealth in the hands of the few at the expense of the many that has completely corrupted the nation’s political and social orders.

2022 is the year that the second-order effects come home to roost: all the risk that has been transferred to the financial system as a whole will generate consequences the Fed and other central banks are unable to control. The stupendously toxic incentives to speculate will generate consequences the Fed and other central banks are unable to control. The stupendously toxic wealth inequality will generate consequences the Fed and other central banks are unable to control.

The hubris and magical thinking of the central bankers has infected the entire populace, the majority of whom now confuse magical thinking with optimism. The belief that central banks can extinguish risk and consequence and the second-order effects of those consequences is magical thinking. The belief that asset bubbles will keep expanding because of the omnipotence of central banks is magical thinking. The belief that prosperity is the result of shifting bets from one gaming table to the next is magical thinking. The belief that central banks have god-like powers and nothing can limit their power is magical thinking.

The funny thing about system dynamics is they don’t respond to what we like, want or believe. Believing that central banks can make the financial system and economy do whatever they want doesn’t mean they actually have that power. Believing that second-order effects have been extinguished doesn’t mean they’ve actually been extinguished.

What will surprise us in 2022 is the exposure of central banks’ limits of power and the explosive consequences of second-order effects. What seemed so permanent for 13 long years will be revealed as shifting sand and what seemed so real for 13 long years will be revealed as illusion. Magical thinking isn’t optimism, it is folly.

*  *  *

My new book is now available at a 20% discount this month: Global Crisis, National Renewal: A (Revolutionary) Grand Strategy for the United States (Kindle $8.95, print $20). If you found value in this content, please join me in seeking solutions by becoming a $1/month patron of my work via patreon.com.

Tyler Durden
Tue, 01/04/2022 – 08:55

via ZeroHedge News https://ift.tt/32LlpYd Tyler Durden

“Libel by Omission of Exculpatory Legal Decisions”

I’ve also split off this short separate piece from my “The Duty Not to Continue Distributing Your Own Libels,” since it might be useful even to those who aren’t interested in that article (though the two can also work well together). I think of this sort of separated section as a subroutine, or, if you prefer, a lemma. It too has just been published in the Notre Dame Law Review, volume 97, pp. 351-55. The abstract:

Is it libelous to write that someone has been convicted of a crime, but to fail to mention that the conviction has been reversed? Or to write that someone has been charged, without mentioning the acquittal? The answers, it turns out, are often “yes”; this Article lays out the precedents that so conclude.

Here too, I’d love to hear what readers think, and how lawyers find it useful (if they do).

The post "Libel by Omission of Exculpatory Legal Decisions" appeared first on Reason.com.

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“Libel by Omission of Exculpatory Legal Decisions”

I’ve also split off this short separate piece from my “The Duty Not to Continue Distributing Your Own Libels,” since it might be useful even to those who aren’t interested in that article (though the two can also work well together). I think of this sort of separated section as a subroutine, or, if you prefer, a lemma. It too has just been published in the Notre Dame Law Review, volume 97, pp. 351-55. The abstract:

Is it libelous to write that someone has been convicted of a crime, but to fail to mention that the conviction has been reversed? Or to write that someone has been charged, without mentioning the acquittal? The answers, it turns out, are often “yes”; this Article lays out the precedents that so conclude.

Here too, I’d love to hear what readers think, and how lawyers find it useful (if they do).

The post "Libel by Omission of Exculpatory Legal Decisions" appeared first on Reason.com.

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via IFTTT