Another stupid licensing law used to punish someone not doing anything wrong

[Universe Prince]

http://www.philly.com/inquirer/home_top_left_story/20080130_Bidding_goodbye.html

WALNUTPORT, Pa. - Mary Jo Pletz was really, really good at eBay. But now the former stay-at-home mother and gonzo Internet retailer fears a maximum $10 million fine for selling 10,000 toys, antiques, videos, sports memorabilia, books, tools and infant clothes on eBay without an auctioneer's license. [...] The 33-year-old opened her Internet business in 2004 so she could stay home with her 6-month-old daughter, Julia, who was diagnosed with a hypothalamic hamartoma brain tumor. She cooperated when told it was illegal and works at dental offices in Allentown, Bethlehem and Lehighton as a hygienist to help pay the bills at home. Julia, whose health stabilized on medication, is enrolled in day care. Pletz also has a son, Douglas, 7. Doing the math But the state has not dropped prosecution. It sent Pletz a complaint in April and an amended complaint in December. The complaint says she could be fined $1,000 for each violation of the state law. The April complaint noted 10,000 sales. Pletz and her attorney, Joseph V. Sebelin Jr. of Palmerton, did the math - $10 million in possible fines. The second complaint does not list a number. A July hearing was canceled; a new one has not been scheduled. In an e-mail Monday, a Department of State spokeswoman said Pletz faced a $2,000 maximum fine because of two counts listed in the complaint. "Well, it's nice they told you, because they haven't let me know," Pletz said.

But don't you listen to folks who talk about smaller government. They're just greedy bastards who don't care about other people. Without the government to look out for the interests of ordinary, hardworking Pennsylvanians, this woman might have continued to make money by selling things without a license, and I'm sure you all know what a danger to society that is.

(Yeah, sarcasm again. Sometimes I just can't help it.)

[BT]

The law often lags technology.

[Universe Prince]

So? That's no excuse.

[BT]

Not an excuse. It is a simple reality.

Odds are the auction law definitions are being broadly interpreted to include on line bidding and were written when livestock was the primary product being sold.

 

[Universe Prince]

Again, that's no excuse. The law is being broadly interpreted by someone apparently looking for a case. Not like anyone forced the state to bring charges against the woman. Given the circumstances, I have a hard time buying the "they're just doing their jobs" argument.

[BT]

I would guess that this is not the first prosecution based on this interpretation of law.

Unfortunately the article is not an examination of that subject. It is an agenda stepping stone, high on soap boxing but short on solutions.

What would Ron Paul do?

Fix the law or make a speech?

 

[Universe Prince]

Unfortunately the article is not an examination of that subject. It is an agenda stepping stone, high on soap boxing but short on solutions.

Not sure why you expect a reporter to offer solutions in a news article. And as I recall, the article does mention at least a couple of proposed law changes.

What would Ron Paul do?

Fix the law or make a speech?

Perhaps neither one since he isn't a politician in Pennsylvania, smartass. But I suppose he would propose a law change and folks like you would first vote against the proposed law change because it wouldn't be "pragmatic" and then ridicule Paul for not demanding to have his picture taken with a stripper. Meanwhile the woman would be left to suffer. But you would be able to pride yourself on your "pragmatism". And then you'd bitch about Paul, complaining that he doesn't get anything done. Meanwhile the woman would still be left to suffer. But what the frak do you care? You're too busy making fun of Ron Paul.

[BT]

Don't see why Paul couldn't introduce federal legislation. Fed legislation keeps the states from taxing online sales.

[Universe Prince]

Don't see why Paul couldn't introduce federal legislation. Fed legislation keeps the states from taxing online sales.

I don't know his opinion on this particular case, but I doubt I'd be too far off in suggesting he'd probably consider this something better left to the states. Duh.

[BT]

Interesting reply. It would seem that Paul, strong protector of the constitution and all, would be interested in equal protection of citizens in the several states, by helping make sue there are consistent definitions with which to work.

His newsletters, notwithstanding.

[Universe Prince]

It would seem that Paul, strong protector of the constitution and all, would be interested in equal protection of citizens in the several states, by helping make sue there are consistent definitions with which to work.

Unless of course he believed this was something the U.S. Constitution did not authorize the U.S Congress to legislate. But again, I don't know his opinion on this particular case. So let's stop trying to make this about Ron Paul. Seems to me if the state government gave a damn about protecting its citizens, the story would be about the state government changing the law not trying to punish a woman for making enough money on eBay to live and support her family. But maybe like you, they would rather pat themselves on the back for something unrelated, like being offended about Ron Paul's newsletters. Meanwhile the mother has lost income and faces huge fines that she probably cannot afford to pay. But let's not talk about that. You just keep harping on Ron Paul, and maybe no one will think about the mother.

[Amianthus]

What I don't get is - isn't eBay the "auctioneer" in this case? Why aren't they going after eBay? This lady just had an "auctioneer" - in this case eBay - sell her items for a percent of the sale price. Doesn't that make eBay the "auctioneer"?

[Universe Prince]

Well, I believe they are calling the woman the auctioneer be cause she was selling items for other people. Basically her business was to sell items for other people on eBay, and she got a percentage of the selling price.

[BT]

Seems to me if the state government gave a damn about protecting its citizens, the story would be about the state government changing the law not trying to punish a woman for making enough money on eBay to live and support her family.

The state apparently did give a damn about its citizens because they license auctioneers. You just disagree with the states definition of auctioneer.

[Universe Prince]

Sometimes, BT, your defense of government makes me laugh. The woman be damned, the state requires licenses for auctioneers so obviously the state cares. Sure. Whatever helps you sleep at night.