Government overreach? No, just the usual regulations

The phrase “government overreach” has been in vogue the last few years, the mantra of conservatives and libertarians crying foul over laws, rules and regulations they deem unnecessary. We’ve reached the point now where the term is a cliché, something that happens with all talking points. You can only cry “government overreach” so often before it loses impact and meaning, if it ever possessed those attributes, and becomes nothing more than a lazy scare tactic. Think: “The sky is falling!” Is it? Has it? Will it, ever?

Cliché bells rang a couple of weeks back when, for some reason, a twice-failed Fargo city commission candidate named Tony Gehrig picked up the “government overreach” torch and applied it a handful of reasonable regulations commissioners tacked on to the city’s day-care rules. Tony wrote an opinion piece for The Forum voicing a usual libertarian concern – that government is making decisions for children best left to parents – and made a couple of local broadcast media appearances.

The new regulations that seem to have undies in a bunch relate to limiting use of electronic media (TVs, laptops, video games, tablets, smart phones) and what sorts of beverages can be served to children. Seems obvious a day-care provider – note the words “care” and “provider” — should not be allowed to just plop kids in front of a TV or computer for 9 hours and call it good, so I’ll avoid comment on that. If you’re arguing good child-care involves a sedentary day filled with Grand Theft Auto, you’re a moron.

Same could be said for those who believe giving sugary drinks to 3-year-olds is proper. Not that any parent, other than the most angelic, has been able to avoid it. But to argue against a regulation limiting what sorts of beverages can be served to children in day-care is arguing against common sense.

Fargo’s new regulation puts the following limits on drinks:

“A. Beverages with added sweeteners, whether artificial or natural, shall not be provided to children.

“B. Juice shall only be provided to children twelve months and older, and shall not be provided in a bottle. Only 100 percent juice shall be permitted and children shall receive no more than six ounces per day.

“C. Water shall be made available and shall be easily accessible throughout the day.”

These are the 64 words that for some define “government overreach.” Essentially, the city (in conjunction with Fargo/Cass Public Health) is pushing providers to give kids water instead of Sprite or Sunny Delight. Maybe my junior-high history is fuzzy, but didn’t this also start the fall of the Roman Empire?

It’s a free-choice issue for the carnival barkers. They say it’s not the government’s job to regulate what food or beverages are given to children; it’s the job of parents to research day-care providers and decide which one best fits their needs and wants. If a parent doesn’t like that a provider gives too much juice to their kid, then it’s up to them to find one they like better.

Sounds great, and it provides easy outrage and sound bites for the 6 p.m. news, but it fails to address the obvious question: Why are beverage limits suddenly “government overreach,” but regulations on bedding, diapering, waste disposal, food preparation, lavatory facilities and a host of other things are not?

The city of Fargo has six pages of rules and regulations governing child-care centers. In fact, you must meet all of them to be permitted to perform day-care.

For example, here is one safety regulation:

All furniture, equipment and toys shall be sturdily constructed without sharp points or edges, shall present minimal hazards to children, shall be maintained in good repair, and shall be appropriate to the ages of the children.

No sharp edges allowed on furniture. Is this “government overreach?” Should parents be allowed to decide whether to send their kids to day-cares that might have sharp edges on furniture? Or is this a “good” rule? Or should there be no rules and everything should be decided by the free market, and buyer beware? Or are some rules OK? If so, who decides which rules are OK?

See the problem? If you take the “government overreach” argument to its logical conclusion, then every regulation is overreach. Put 10 people in a room and there will be 10 different definitions of overreach.

Rules and regulations have been a part of government since Day One. Have some been too cumbersome, unenforceable, unconstitutional or just plain silly? Of course. A reasonable limit on beverages at child-care facilities in Fargo hardly meets any of those definitions. Trouble is, “reasonable” is not a word often associated with the tiresome “government overreach” crowd.

(Mike McFeely is a talk-show host on 790 KFGO-AM. His program can be heard 2-5 p.m. weekdays. Follow him on Twitter @MikeMcFeelyKFGO.)

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