[One Fine Spring Day, Over the Phone…]
“Oh, and by the way, your background check says there’s a warrant out for your arrest.”
This is not, mind you, the kind of thing one expects to hear updating teaching credentials in a very staid university bureaucracy. Nevertheless, there it was.
“Oh?,” I retorted, a bit stunned. “Anything indicating why?”
“It says something about a zoning infraction?” the all-too-chipper HR department lady replied.
“I’m sure it will be fine – it’s no issue for us, but we thought you might like to know.”
Why yes, yes I would.
It turns out that my little experiment in entrepreneurial civics had gone horribly wrong, and I was one short step away from spending time in the clink. I had, you see, committed the jailable offense of putting up a tent. On my own land. Without permission from the State. I won’t re-hash the details, but feel free to get the skinny here.
The long and short of it is this: our county sent us a nastygram some time back informing us that our AirBnB platform tent was strictly verboten without first going through the labyrinthian protocols of special use exemptions, business licensing and building permits. We dutifully took the listing down and began the unconscionably dumb process of doing it the ‘right’ way — site plan reviews, public meetings, fights with a water district that wanted us to buy a water meter for a tent with no plumbing, the whole deal.
That all was bad enough, but somewhere along the line, a local county zoning official acting on the basis of an “anonymous tip” referred our case to the prosecutor’s office because she had been “told” we were still operating in contravention to guidelines.
I called her up.
“Can you confirm that there is an open arrest warrant in my name, on the basis of a zoning violation?”
“That is correct sir.”
“Are you telling me that I could be stopped at any moment and incarcerated, that I would be arraigned for a tent infraction?”
“Yes, sir, we have policies which you have not conformed to.”
“But didn’t I tell your office personally that we have taken the listing down, and haven’t we been working diligently with your own staff to get this thing resolved? Aren’t you even now reviewing the oodles of forms, maps and requests we sent you?”
“Yes sir, but we were told you were still operating the tent as a rental, which means you are still in noncompliance.”
“Told by whom?”
“I can’t relay that information sir.”
Ah. I see.
**Spoiler Alert**
I’m not writing this from a Platte County prison cell. It turns out that petty official X just needed to hear me say that I wasn’t breaking their rules, and she would call the prosecutor’s office and have the warrant rescinded based on “proof of compliance” or some such.
Everything, just as university human relations predicted, is “fine”.
Except that it isn’t.
There are two issues at stake here. The first, of course, is a flagrant yet ultimately trivial matter of basic professionalism and due process – Platte County clearly has some deep house-cleaning to do. But it is tangential to the much larger matter, which is that the bureaucratic indiscretions on display here can only occur in an administrative system that weaponizes regulations to consolidate power. This overregulation, in turn, is the inevitable outcome of our collective giveaway of rights to the forces of “planning”, “safety”, and “zoning”.
We have a real crisis on our hands in the form of basic property rights arrogation. In an age of ‘epic crisis’, it’s difficult to know what looming threats are real and which are hyped fantasy, but this one surely tops the list, if for no other reason than that it is so subtly devious: zoning rules have been quietly adopted nationwide and have led inexorably to administrative despotism and bureaucratic sclerosis. This isn’t just irritating red tape, it is a reflection of basic freedom lost.
Ludwig von Mises properly noted that economic freedom undergirds the rest of them:
Government means always coercion and compulsion and is by necessity the opposite of liberty. Government is a guarantor of liberty and is compatible with liberty only if its range is adequately restricted to the preservation of what is called economic freedom. Where there is no market economy, the best-intentioned provisions of constitutions and laws remain a dead letter.
And indeed, economic freedom has been dragged into the deep end by the dead hand of zoning restrictions. For a citizen to be forbidden from such a simple economic act as offering a tent for rent on his own land means that state administration has metastasized into an all-encompassing prohibition on economic activity more generally. Forbidding entrepreneurial ventures that have not been granted prior approval and design review by unelected officials is, practically speaking, state ownership of the means of production. This has enormous implications not only for the economic outlook of our nation, but for the broader freedoms it prides itself on.
The United States is on a precipitous plunge into the inky waters of a command economy. We have fallen from the top-tier of economic freedom indexes to 25th in just a few short years and the trend is getting worse. To fix this, it is high time to repeal vast swaths of local zoning laws and recover our rich heritage of Life, Liberty and Property.
