TALK OF REGULATIONS

by Ruth A. Sheets

Regulations are in the news in a big way since the 2016 election.  Mr. Trump claims that regulations are causing our economy not to grow at the rate he says should be happening.  So, of course, as with many issues this president has "taken on," his followers think it's a great idea to get rid of regulations.
What are regulations?  They are rules passed to help someone.  There are a variety of someones who can be helped:  citizens of a community, state, or the nation as a whole, businesses, the flora and fauna of a place.

There are many reasons regulations are passed.  Probably health and safety are the most common, but sometimes, regulations are passed to stop or hurt a rival, to give a person or company an advantage, to regulate behavior an individual or small group does not like.  The one thing to be sure of, there was a stated purpose for every one, and someone had to agree to pass them.

Clearly, some of the things being regulated no longer have meaning as times have changed.  They often remain "on the books" because there seemed no reason to remove them.  Some of the people who wanted to injure rivals have passed on or the companies have closed, so these also were just left to history's dustbin.  When critics complain there are too many regulations, at least some fit into these categories.  

Many do not fit.  These are the ones that require accountability from individuals, corporations, and governing bodies.  These make it possible to function in a complex society with competing interests and activities.  No one will claim that all regulations are necessary and that there are not some that are actually stupid or even harmful.

A friend of mine is preparing a house to rent in New York.  They needed an inspection to see if there was lead paint in the house.  That makes sense because children might be in the renter's family.  However, there was a regulation that if there was lead paint on the outside of the house it had to be removed too.  Really?  On the second floor, near the roof?  My friend had to scrape the paint off, standing on a ladder, with a face mask.  That puts people at risk for something that will never affect a child or anyone else. 

I suspect there are more regulations like this one on the books of every community.  With no science to back them up, rules are passed, just in case, then never revisited or evaluated to see if they are effective or necessary.

Another example is school uniforms.  Districts across the country decided that students would behave better, learn more, or feel more included (or something similar) if school uniforms were required.  No studies were done to see if this made sense.  No well-documented studies have been done since to see if the schools have improved due to wearing of uniforms.  Naturally, this occurs predominantly in urban poor, mostly minority  schools.  An excuse to keep the regulation in place is that it is easier for parents to buy clothes for school.  What!!  Then I hear "well, kids in private schools wear uniforms.  (They wear uniforms to show they belong to an exclusive club, better than everyone else.)  Is this what "poor" schools want to convey? 

If the president's aim was to end this type of regulation, I would be with him.  This is not his intent.  He tells communities coal would come back if the regulations on the companies were eased (meaning they can dump waste into streams and rivers and ease safety rules).  He neglects to mention that coal is not coming back.  Who benefits from removing the regulations, the companies who are losing money staying in Appalachia.  Who pays, the people who will be left behind to deal with the consequences when the companies pull out, which they inevitably will.

Pollution acceptance seems to be at the center of the regulation removal.  Let companies pollute and they can make more money and, maybe create a few more jobs.  Mr. Trump does not have to prove this or even pay attention to the science that says this is not a good idea.  His followers believe it, so, of course, it must be true.  When the polluted air and water begins affecting their families, they will be sure it is someone else's fault, not theirs for not questioning the man who has lied to them constantly since he entered the 2016 campaign.

There is no doubt that communities, states, and the Federal Government should look at their collection of regulations and determine which are not supported with scientific or real-life evidence.  Which regulations could be tweaked a bit to help businesses be successful without harming their communities or the folks downstream or downwind.  They should look at the purposes behind each regulation.  Does it try to enforce someone's particular taste, religious beliefs, or personal level of comfort at the expense of others?  Does it give advantage to one particular business over another?  Does it make life better for only a small group while making life for everyone else more difficult or problematic?  Does it only pretend to promote safety and good health?  Does it claim a risk that does not exist?  Does it favor one race, religion, socio-economic group over another, limiting the prospects of the others?  If the answer to any of these is "yes," then consider removing or changing the regulation, guided by science and best practice.

Always ask:  what is the purpose? what is the expected outcome? what will this regulation correct? who benefits? who is harmed or inconvenienced? how will it be evaluated when and by whom?  No regulation should be approved without good answers to all of these questions and others that are relevant to specific situations.  Just because Mr. Trump wants regulations removed does not mean it is a good idea.  He really does not know what he is talking about, and it is not clear that he even cares.  It's about the message to his followers.  That's all.