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Speed Traps, Lemonade Stands and ' e-Commerce Issues

BY Stanley P. Jaskiewicz
September 28, 2012

The local sheriff enforcing a hidden speed trap against out-of-towners is a staple of the television sitcom and of many Hollywood movies. You've seen it: Obnoxious (and some not so obnoxious) vacationers pulled over and forced to pay tickets and steep fines for passing through an unexpected 20 mile-per-hour zone at 50 miles per hour.

The municipality receives consistent revenue from people who don't impose costs to provide legally required services (other than the police and judge, of course). Even better, those passers-through don't vote, so no one even has to listen to their complaints about the unfairness of a sudden drastic reduction in the permitted speed limit, or about strict enforcement of a surprise rule. And, of course, the local court is always conveniently open for the fine to be paid and, once that is taken care of, the previously unsuspecting victim “speeder” is free to continue on his way, with his family ' less the cost of the speeding fine and court costs, and maybe parking while the matter was settled ' until, perhaps, the next town with a speed trap.

Sometimes, though, enforcement of little-known rules, or rules few people ' such as children trying to earn some pocket change during the summer, and, perhaps, these children's parents ' is even more surprising and annoying and, although justified under the letter of the law, can seem downright mean-spirited. Consider, for example, that fixture of many an American youngster's summertime efforts at entrepreneurship: the lemonade stand. Consider, too, the all-too-frequent shutting down of the corner lemonade stand operated by an 8-year-old and his twin sister from behind a rickety card table holding a plastic pitcher filled with premixed lukewarm lemonade by the enthusiastic local code-enforcement officer ' because the children hadn't obtained a business license to operate the stand. Maybe a fine is in the offing, too.

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