Select Page

Michael Hendrix and Reopening NYC

I am a long-term supporter of the Manhattan Institute and participate in their events and webcasts regularly. Heather MacDonald, Steve Malanga, and Nicole Gelinas are three of my favorite people. But Michael Hendrix seriously dropped the ball as moderator of the discussion on “Planning for the City’s Reopening” several weeks ago. Given the current pandemic and civil unrest, exploring how business can reopen is a laudable topic; however, the actual discussion was immensely disappointing. He allowed it to simply ignore the real reasons for the problems the City now faces with regard to “reopening”.

For instance, during the question on how we were going to reopen the city, much of the conversation had to do with needing to do more with affordable housing, and needing more help from the city government. He of course knows that this has nothing to do with the “reopening”. The problem long preceded COVID, and doesn’t need the government to fix it. Government actions – zoning, land use, overburdening businesses and building regulations leading to ridiculously high costs – are the cause of lack of affordable housing, and without reversing those actual issues, there is no solution.

Additionally, the “racial crisis” was a significant topic. He ignored any response regarding whether this was true and/or meaningful since the City has been run by extraordinarily liberal, non-racist leaders for generations, including full representation of the minority community. Can racial bias then really be a thing in New York City? Also in every single major city in which there has been extensive looting and rioting, the cities have been in the hands of minorities and liberals for the past 50 years. Yet he as the moderator didn’t even allow for this perspective to come up.

Furthermore, there was absolutely no discussion about the rioters and looters destroying businesses; the conversation only focused on police brutality. Though police brutality may be a problem, is it really a factor in the reopening after COVID? For a panel exploring the city and businesses, it was egregious that he virtually ignored the very real problem: businesses that have been destroyed by looters and rioters are being ignored by law enforcement, making businesses hesitant to invest in reopening and insurers hesitant in providing insurance at affordable rates.

Another topic was education, but there was no mention about charter schools and how they fit into the equation of reopening, even though charter schools are the most successful educational endeavor in the city. 

Likewise, another topic was insurance, which he allowed to proceed in a manner that just showed the economic ignorance of the panelists. Since the happening of a pandemic is not a quantifiable risk, it is not insurable. To insist that the government provide insurance, at a premium that can only be set politically, has many problems. What’s more, the ignorance of the position espoused – that the government should somehow make the insurers who did not provide or charge for such coverage pay for it anyway – should not have been allowed to go unanswered.

On a related note, there was talk about how the city may or may not be able to help because there is a budget crisis. But where was the mention that DeBlasio is the cause? There was already a budget crisis before the pandemic and the civil unrest, not because of it. And DeBlasio’s actions during the pandemic and protests will certainly inhibit the ability of the City to reopen.

Hendrix should have made sure that the discussion included the knowledge and competence that the people of the Manhattan Institute espouse. There is no question in my mind that Heather MacDonald, Steve Malanga, and Nicole Gelinas would have been very disappointed with the exchange.

Police Culture Problem

The police have a PR problem and a culture of cover up and it’s finally being talked about. On the one hand, the police have millions of contacts with the public over a given year and the vast majority of interactions are fine, even dull. But sometimes you have bad police and sometimes you have a bad interaction (including, though not limited to, a shooting). However, almost never do you see the police admit that they messed up. 

George Floyd’s situation was unique in that they admitted the wrongdoing right away, though this was likely because the horrific actions were immediately all over the internet. But police have this culture of lying and doing nothing about terrible tragedies in which they do the wrong thing. For instance, the police typically want to see body cams first before the public gets a chance to so they can see what the cams show and then figure out how to spin it. The proper way to conduct an investigation would be to actually investigate first and then look at the body cams to see  what they can corroborate or dispute. Maybe this attitude is symptomatic of the public service culture, because typically in the private sector you don’t have the same attitude. If, for example, a Walmart employee, through an improper action ,hurts a customer, Walmart will get rid of the employee because they don’t tolerate the abuse of a member of the public. Not necessarily so with the police, and this attitude needs reform if there is going to be meaningful change. 

Police in this country need to remember that they are public servants but they are also responsible for their own behavior and police departments need to hold accountable the bad cops if they are going to maintain public trust. 

CEI and the Jones Act: America Last

One of my favorite topics is the Jones Act, a little-known maritime law that has a big impact shipping goods. I have written extensively on it before, so I was delighted to see the Competitive Enterprise Institute publish a paper on the topic since the Jones Act has been in place for 100 years now. Below is the Executive Summary, and then a link to the full paper. It is a must-read for understanding why the Jones Act needs to be abolished.

“The Jones Act requires any ship traveling between two U.S. points to be U.S.-manufactured, -owned, -flagged, and -crewed. This heavy-handed protectionist measure was enacted in 1920 with the stated purpose of ensuring a strong merchant marine to support America’s commerce and the nation’s preparedness for war and national emergency. A century later, the evidence is clear: The law has not only failed to accomplish any of those objectives, it has systematically undermined each of them.

Today the Jones Act mostly covers well over 30,000 tugs and barges plying America’s inland waterways, and its punitive restrictions mainly benefit railways and trucking companies.1 As for America’s once mighty oceangoing merchant marine, the law has protected it to death: Less than 100 oceangoing vessels remain in the Jones Act fleet. As of 2019, the few American shipyards that can build commercial oceangoing vessels are being kept afloat by defense contracts.

The law’s supporters argue that because its costs are difficult to quantify, it is not clear that it costs anything. This is highly misleading. The law is designed precisely to restrict the supply of domestic shipping so that American domestic ship operators and shipbuilders can charge more. Shipping rates on Jones Act routes are typically several times more expensive than rates in the competitive international market, especially in terms of cost per nautical mile traveled for a standard container. The Jones Act’s proponents are fervent supporters of “buy American” but the law favors imports over domestic commerce. It is protectionism for foreigners.

The law has also failed its national security mission. The military utility of the Jones Act fleet has faded faster than the Jones Act fleet’s dwindling numbers. Modern warfare requires transport ships that are fast and flexible, while the global maritime industry is heading in the other direction, with transport ships that are increasingly slower, bigger, and less maneuverable. As for national emergencies, every time one requires sealift, the Jones Act needs to be waived so victims can get the relief they need from ships that are actually available.

According to one study, the Jones Act is equivalent to a 64.6 percent tariff on domestic seaborne trade. For Alaska, Hawaii, and especially Puerto Rico, the impact is particularly onerous. The impact of the Jones Act on American energy is also notable, and difficult to justify in today’s world of globally dominant North American oil production and falling prices.

While repeal of the Jones Act would be ideal, at a minimum, significant reforms are long overdue.”

You can read the full analysis here.

Chicago is a Microcosm of the Real Problem

The world is going nuts. Between May 29-May 31, “Chicago saw its deadliest weekend of gun violence this year as protests, riots, and looting continued to rock the city after the death of George Floyd at the hands of a Minneapolis police officer. A total of 24 people were killed and at least 61 injured by gun violence…. Chicago Police Superintendent David Brown said that 17 of the gun deaths occurred on Sunday alone.” 

Yet according to the Washington Post police database that has tracked the number of people shot and killed by police since 2015 there were 9 unarmed blacks and 19 unarmed whites were killed by law enforcement in the entire country in 2019. In other words, more people were killed by rioters and looters in one weekend in Chicago than the total number of unarmed black men in all of 2019. And over Father’s Day weekend, 104 people were shot, 15 fatally, in Chicago. Where is the outrage? What is the REAL problem?

Don’t Perpetuate the Lie

Last week, Nick Gillespie of Reason moderated a webinar on policing and protests with Jacob Sullivan and C.J. Ciaramella.  Gillespie is a thoughtful libertarian whose discussions I generally enjoy. Thus, I was appalled to hear Gillespie –no less than five times during the hour-long segment–refer to the 2014 Ferguson incident with Michael Brown as the beginning of the focus on police abuse and brutality. That is completely fictional. It was very clearly established that the police did nothing wrong in that case, a determination subsequently  confirmed by the DOJ report — under Eric Holder no less! 

It’s bad enough that this particular lie continues to be propagated by the left and progressives and repeated again and again, but for Reason to do so? For Nick Gillespie to do so? This is shameful. There are certainly well known cases of very wrongful and egregious cases of police misconduct that inform society’s dealing with the problem. But the Michael Brown incident – with its now famous though absolutely false “hands up, don’t shoot” – is actually a potent example of a mantra of a movement built on a lie.

To present Michael Brown’s case in the same sentence as George Floyd or Breonna Taylor is both damaging and reckless and it undermines the credibility of any meaningful conversation on a very important topic. 

Defunding the Police

In the wake of the George Floyd tragedy, there have been calls to take over police stations and even defund police departments as solutions to perceived systemic racial inequality in law enforcement.  Even if systemic racism is a real and serious problem, defunding the police is not in any way a fix. The key reason for this is: any systemic inequality and other systemic bias has been created by the very people who are now demonstrating, because they are responsible for putting in the people who created this problem into office. 

Some people are protesting against policing that sends black people disproportionately to jail, claiming police are in more black communities to make arrests. Yet of course many of the 911 calls for police help come from within black communities. To a certain extent, there’s frustration against racism, but the protestors are not advocating for solutions, because they know there’s no simple fix; the liberal democrats and a large number of black leaders have been responsible for the entire political environment of every major city for the last several decades in which there have been protests. So here’s what they should advocate for:

Reform in the areas of qualified immunity, public service union protections, taxpayer funded lawsuit settlements, removing police from non-police activity, such as routine traffic violations and mental health issues, decriminalizing some behaviors and demilitarizing police will go a lot farther to solving issues instead of removing law enforcement altogether.

Veronique de Rugy on State Bailouts

Veronique de Rugy (one of my all time favorite people)  and Tad DeHaven of the of the Mercatus Center have written a wonderful article about why there should not be state bailouts (pandemically-induced or otherwise) It is a great read here:

A key thing to note is about Veronique’s observation of why New York’s perennial claim that it sends more money to Washington than it gets back. The situation occurs because 1) the federal tax code is very progressive (thanks to NY and the other liberal states that insist on it) and New Yorkers have high incomes, and 2) NY receives relatively less money in the form of federal contracts and federal employee wages: (my note: this is logically caused by the fact that New York has made itself such a terrible place to do business -including sky-high costs and ridiculously burdensome regulation and taxes- that it can’t compete for these projects. Furthermore, the fact that New York taxpayers send more to Washington than they get back has nothing to do with why the government can’t balance its budget. The government is not the taxpayer. The states send no money to Washington – their earners do. 

The states often argue that if corporations can get bailed out, states should as well. But note, that before there is ever a consideration of a corporate bailout, the corporation has taken dramatic steps to stem the problem, chopping costs, revising operations, and demonstrating that with the bailout funds the entity will again be viable. There is also a promise to repay the amounts with a significant return to the government. 

But what about the states? There has been virtually no movement to reduce their budgets – in fact, NY continues to show that it is not only refusing to lay off personnel whose jobs are no longer viable, but they intend to go ahead with scheduled increases even to employees who are not working. No company would dream of requesting a bailout in those circumstances. And without serious and immediate cutbacks, how would the states ever have the capability to repay any bailout funds?

Many states have failed their fiduciary responsibilities to their citizens. If these lawmakers requesting bailouts are so concerned about their states, they should aim to reduce the size and scope of their governments, and the wildly out-of-control spending that created revenue shortfalls prior to the pandemic, instead of expecting others to subsidize their irresponsibility.

New York’s Budget Solution

For years, I’ve been pounding the table about how public sector wages and compensations have steadily outpaced those found in the private sector. This is no more readily apparent than in New York where runaway budgets and deficits continuously fleece the taxpayer. 

The private sector has several factors in place that help control runaway costs, chief among them being competition. The profit motive in the private sector keeps compensation at levels where economic factors limit them to their true market value, reflecting economically rational and fair compensation levels. On the other hand, there are no such competitive inhibitions in the public sector where politics and cronyism, rather than economics, create a fairy-tale negotiation for wages and benefits.

Here’s a tale of two states: New York and Florida. In New York, it is clear that public service unions are a significant reason why the cost of living is higher.  In 2010, Florida’s population was 18.8 million while New York’s was 19.3 million. In the past ten years, New York experienced population stagnation (19.4m) while in Florida, the population grew to 21.8 million and continues to be one of the fastest growing states in the country. Yet crucially, over the same period, New York’s budget increased to $177 billion while Florida’s was a mere $93 billion, up from 70.4 billion in 2010. One could argue that New York does more for its people than Florida does, but the reality is that they just spend more money. Bloated public service payrolls and off-the-charts cost burdens of regulation are the main culprits. And that’s the problem.

I propose that the people of New York withdraw its authorization to its elected officials to enter into any contracts with public service unions that provide compensation, benefits, and terms in excess of those being paid for similar work and skills in the private sector. Furthermore, there should be a requirement that restricts any federal government employee from receiving a raise if it puts his compensation in excess of the benefits and wages paid for the same work in the private sector.

By “competing” per se with the private sector for compensation, the government can do its part to help keep its budget and deficits from getting any more out of control.

New York’s Indefensible Bailout

New York’s state budget director, Robert F. Mujica, Jr., wrote an anemic, laughable Letter to the Editor (printed in the Wall Street Journal) trying to defend New York’s fiscal record in an effort to get a federal bailout. Those of us who live in New York couldn’t help but notice it was full of half-truths. For instance, Mr. Mujica boasted lowering income-tax rates, but neglected to include the fact that Florida doesn’t even have an income tax yet still manages to operate on a budget of $93 million vs NY’s $177 million — in a state with 2 million more people!

Furthermore, he talks about a 20% increase of private-sector jobs, but leaves out the fact that “private job growth in Florida has been about 60% higher than in New York from Jan 2010 to Jan 2020.”

Likewise, he claims that New Yorkers send $29 billion more in taxes to the federal government than it gets back, but fails to mention that the reason for this is New York’s tax code punishes high income earners by adding extra taxes, so much that some earners pay nearly 50% of their earnings in taxes! Nor does he mention that many wealthy New Yorkers have wised up to being fleeced over the last decade, making New York one of the top ten out-migration states in order for earners to try to keep their own income — some going to Florida, no less. This loss undoubtedly contributes to the $6 billion budget shortfall that existed before Coronavirus even hit, something that was also conveniently left out of his defense.

Finally, Mr. Mujica tries to suggest that the $29 billion New Yorkers send to the federal government somehow subsidizes Florida’s budget because Florida receives $30 billion more from the federal government than Floridians send. But he leaves out the fact that New York’s budget contains 35.9% of federal money compared to Florida’s 32.8%. With a budget of $177 billion, that’s $63 billion of spending from federal dollars compared to $30 billion in Florida. Who is more fiscally irresponsible?

If states like New York are not willing to take any of the economic risk going forward, they should not get any money. They have willfully chosen to engage in a prolonged economic lockdown in hopes that someone else pays for it. Florida was one of the last states to shut down and has begun opening up once again, understanding the need for economic recovery. If New York wants to continue to take the economic risk of staying closed while other localities choose to reopen, they should be the ones to pay for it.

WSJ: NYC Business Proposals Are Unreasonable

Charles Passy’s article in the WSJ was a veiled plea to save the culinary scene of New York City. With two specific outrageous proposals, Passy’s economic bias here is unbearable. 

First, he describes how “bar and restaurant owners throughout the city say such claims are being denied at the present time because of policy exclusions, despite the businesses having paid thousands of dollars for their property and casualty insurance over the years.” As a result, Passy argues that insurance companies should be forced to cover things they never intended to cover (nor could it ever have been an insurable event).

Second, Passy endorses a “measure to prevent landlords of commercial properties from enforcing provisions that hold tenants, such as bar and restaurant owners, personally liable for rent should they be unable to pay because of the pandemic.” In other words, Passy wants to allow tenants to not be personally responsible for paying rents though they specifically agreed to it.

New York doesn’t have the right to pass such laws, giving money out and interfering in contractual relationships in which they are not a party. Not only is it illegal and immoral, but unconscionable. It is astounding that the WSJ would allow such an outrageous article.