The NSA: Future Crime Unit

The country that would become the United States fought a revolution to turn back the kinds of abuses that had made King George so despised. One of those abuses was the use of “general warrants,” a kind of police authorization that required no specific goal or purpose. The National Security Agency, in vacuuming up so much of Americans’ communications, has effectively recreated the general warrant. Here’s Jim Harper discussing the implications of maintaining vast databases of Americans’ communications without cause.

Did ObamaCare Shutter Lynn’s?

Like many other current and former Louisvillians, I’ve spent much of this afternoon reading reactions to the surprise closure of Lynn’s Paradise Cafe, one of the Ville’s most popular breakfast/brunch spots for two decades. I lived two blocks from Lynn’s for several years and I’m certain I contributed enough cash to help buy Lynn a few more Lay-Z-Boys. For that, I feel perhaps a bit justified in admitting this much: On a few hungover mornings, I probably snagged a few free cups of coffee from the large outdoor coffee dispenser implicitly reserved for waiting customers. There was always a line to get a seat at Lynn’s at brunch, so my thievery was likely never noticed.

The circumstances of the closure are quite odd. I’m sure as facts begin to emerge, we’ll get a better sense of what happened. The early read-between-the-lines narratives of the conflict seem to go something like this:

Why might Lynn be totally correct? A few reasons, though I’ll happily admit that I could be misreading the evidence presented thus far.

First, under ObamaCare’s state-initiated health insurance exchanges, employers could have to pay the IRS thousands of dollars for every employee to whom the employer fails to offer health insurance. Ah, but that’s got nothing to do with how employees get tipped, I hear you cry. Maybe. Maybe not. After all, employees typically pay for a portion of their own health insurance. And in a food-service industry where paychecks often come out to $0.00, that might well be a critical factor.

Second, Lynn’s COO Patty Schnatter told WAVE3 news that a new policy of requiring waiters/waitresses to carry $100 in order to tip out the rest of the waitstaff at the end of the evening was driven by the desire to make it easier for employees to file taxes at the end of the year and buy into insurance.

All of what I’ve just said is subject to revision since this is a very fresh story, but there are at least a few reasons to believe that a popular Louisville landmark’s closure is attributable to the health care policies championed and signed into law by President Obama.

If you have thoughts, please leave them in the comments.

UPDATE (01/13/12 08:00AM): I was asked how many people worked at Lynn’s. It’s a relevant question because ObamaCare (the Affordable Care Act) has certain triggers for employers with 15 employees and 50 employees or full-time equivalents. According to Winter, she employed 85 people, though it’s not clear how many were full-time equivalents. The point here is that the ObamaCare “tax” on employers who do not succeed at providing health insurance was likely among the front-and-center issues driving this whole conflict.

Another UPDATE: Steve Coomes argues the requirements for servers to tip out other workers with a revolving cash “bank” isn’t that big of a deal.

Steve Beshear Gets a C

Kentucky Governor Steve Beshear landed solidly in the middle of the pack on the Cato Institute’s report card on governors’ fiscal policies:

Governor Beshear pushed through a doubling of the state cigarette tax from 30 cents to 60 cents per pack and an increase in taxes on wine, beer, and liquor. He has focused on redesigning the state’s many tax credits, and he signed into law an expansion of those special interest giveaways in 2009. Beshear’s spending record is not particularly good. He proposed increases the past two years even though governors in many states were cutting spending because of the recession.

Here’s a related podcast.

Some of Beshear’s proposed spending increases depended on legalizing some forms of gambling in Kentucky. Beshear likely knew that the expanded gambling legislation was a dead letter before he proposed it, but he did it anyway. Kentucky does have a weak governor’s office, but that’s no reason to actively support new spending with no credible way to pay for it.