I had planned to get back to our friend the absent-minded driver today, but yesterday’s post on Rand Paul garnered (at least) one comment so good that it deserves to be highlighted.
I said yesterday that the 1964 Civil Rights Law (forbidding racial discrimination in places of public accommodation) infringes on property rights and that all reasonable people ought to be disturbed by that, even if their ultimate judgment is that the benefits of the law outweigh its costs.
Our commenter Jonathan Pryor responded, in effect, as follows (I am paraphrasing):
When you open a restaurant and announce that you won’t serve blacks, you’re not just announcing that you won’t serve blacks. Instead, you’re implicitly announcing that whenever a black person comes in and asks for service, you’re going to call the police and ask the taxpayers to subsidize the cost of your taste for discrimination. You have no property right to those taxpayer dollars.
My first reaction was: This is an excellent point, which I haven’t seen raised before. For the most part, that’s still my reaction. Still, this argument cannot be definitive as a matter of principle, because the same argument applies in many cases where we clearly reject its conclusion. After all, when you open a restaurant, you’re implicitly announcing that whenever a naked person asks for service you’re going to call the police and ask the taxpayers to cover the cost of removal. For that matter, you’re going to call the police every time you get robbed. But we don’t conclude that it should always be illegal to open a restaurant.

























