“Why are you worried? It’s not like you’ll get caught”
Yes, we’ve all heard it a lot recently. Either that exact sentence or some variety of it (and the sentiment) from family, friends, and others who we tell about CPSIA.
I’m never quite sure what to say in response outside of, “breaking the law, however ridiculous it may be, is not a business practice to which I subscribe.” Granted, I have been known to speed on occasion. But I digress…
Then I remind them that even trying to stay on the right side of the law is such a mess, I could still be breaking some important paragraph without knowing it.
As I said in an earlier post, I’m amazed at the amount of time each of us has spent just trying to figure out how to comply. The stay was virtually worthless because many businesses can’t afford the risk of possibly selling a product that doesn’t meet the new standards. Lead levels above the new limit have been found in enough unexpected things to give us pause especially since the limit goes down even further (300 ppm) in August of this year.
So we voice our concerns and we wait.
And as the days and weeks pass, and hearings are cancelled, and more businesses not only lose money but are forced to close, you would think that more than a handful of members of Congress would have found a clue.
Shouldn’t they be listening to all of these law-abiding constituents & business owners who will be forced to close because they can’t risk breaking a law most rational people know to be completely wrong? A law that, I believe, no one in Congress actually read thoroughly before signing?
“Well, they couldn’t have intended for the law to affect small businesses like that so you must be wrong.”
My answer to that statement: “Who cares what they may or may not have intended, whatever is written into law is what they will enforce.” Then I explain to them in 500 words or less (because I wouldn’t want their eyes to glaze over) what this law means to my business (where I deal primarily with cotton materials) and the penalties associated with breaking it.
Mind you, I don’t actively pick their chins up off the floor. I give it a minute and then let them do it themselves.
And if after my explanation, they still don’t quite believe me, I offer to send the the whole CPSIA document as a PDF or give them an out by guiding them to my post about “Who Knows What?” so that they don’t fall asleep while in search of the CPSIA truths.
And only then, after they truly understand, do I hear:
“Well, I’m sure this will change very soon. In this economy, we can’t afford to lose so many small businesses and people can’t afford to lose their incomes.”
Of all the statements and those like it, I think this is the one that upsets me the most. How is it we all believe that it will change without our doing? Does Glenda the Good Witch read our thoughts and decide to make it all better for the lot of us?
As @CitizenTweet regularly screams from the rooftops – what must happen to compel people to put their own time and energy into changing something that also affects them directly. How is it immediately compartmentalized as “not my problem” even though, in reality, it is?
So it’s a good thing I reminded you to breathe in my last post. We’ll need all the blood flow to the brain that we can get as we breathe in all this hot air.
{ 6 comments… read them below or add one }
I get the same statements from family and friends. It’s so frustrating! Everyone thinks I’m being overy dramatic!
Unintended consequences. This law has no unintended consequences. Now most members of Congress were not aware of the consequences but that does not make them unintended by the proponents of CPSIA. Throw a few dollars at a Congress person and scream “It’s for the public safety” and they’ll pass anything. Unless, of course, there is more money being thrown around by the opponents as the question begs to be asked “Why is smoking around children not illegal?” But now I digress.
As people tell me over and over and over, “They’re not coming after resale”, I want to scream. Even if that’s true, how can I stay in business knowing that they could? Do I wait for the next Chicago Tribune article that declares, “The dangers of shopping second-hand’”? Do I wait for the person who accuses me of putting profits over children’s safety? Or the person who decides to take matters into their own hands and report me for selling ‘unsafe’ products? Who will insure me? How can I honestly sign my next lease where it states that I am conducting a lawful business? Or maybe I’ll just wait for my government representatives to realize the damage they’ve done, wave their magic wand and make everything as it was. These representatives who refuse to even listen to my concerns. They will not solve this. Somewhere, they stopped being the representatives of the people and became the representatives of the lobbyists and interest groups. We, the people, are the only ones who can change this by taking our government back.
Even as I read about a bill introduced to grant resale a 2-year exemption, I do not cheer because #CPSIA needs far more reform than just for resale. As Walter Olson so aptly stated in Forbes, the entire law needs to be scrapped and a new one written that uses real data to identify real safety issues and addresses them in a realistic way.
Thank you for putting into words my frustrations! I keep posting links to articles about the CPSIA to a forum of my fellow WAHMs and the posts go ignored. Since the stay they all seem to think that it is over… in fact I’ve read posts by some of them stating just that.
They are busy doing other things now.
Yet if we don’t keep pushing for proper reform, we will lose in the end. The stay seems to have been a tool to placate the masses, trick them into thinking they won, so they’ll give up the fight. Then, once the year is over, we’ll all be stuck struggling to comply with a law written so broadly it will put out thousands of businesses.
Thank you for keeping up the fight for us all, and for continuing to motivate us with your hard and dedicated work.
I am def of the opinion that people effected by CPSIA should break this law.
The law is dumb. People who are effected by it should fight it in all the legal ways they can.
I just don’t think that fighting the law by ONLY legally approved ways is always going to be the answer. Where would be if everyone sat around increasing awareness by writing blog posts an writing talking to their congresspeople? I want RIOTS, baby. I want to break that law loud and proud and I think other people should too. Civil disobedience works for huge issues like slavery and smaller issues like CPSIA. Intentional, non-violent civil disobedience is our civic duty
There are so many laws on teh books that are absurd and ridiculous and harmful and wrong. There is a gay couple right now shaking their fists in your direction wondering why you are not doing everything in your power to overturn prop 8 because it is an issue that effects ALL OF US.
It takes all kinds, people who fight legally, not legally and both, thank goodness otherwise nothing would ever get done.
Instead of being all offended by people wanting you to continue your business you could be flattered that they think you are such a badass.
Excellent post — the exact same frustrations I have over and over. Today I’m going to start sending out emails to everyone and every organization I know that cares in any way shape or form about children’s literature or children’s access to books, and I urge all of you to do the same. Give people names and phone numbers and addresses AGAIN (thanks to you for your lists and talking points.) We need to let people know that the situation IS dire, that older children’s books, among other good products threatened by this law, will disappear. If you doubt this, check out the CPSC’s statement on their new powerpoint presentation to their staff which states: “Children’s books have limited useful life (approx 20 years.” p. 6 at http://www.cpsc.gov/about/cpsia/ICPHSO2009.pdf
We need to light a fire under some people and generate some action. Congress is not going to let the bills to amend CPSIA out of committee without a clear public outcry, which I fear will come too late, after the children’s toy, clothing and book markets have been decimated.
As a response to people who say, “Oh, they won’t come after you,” I tell them about the experiences of the seamstress who made gowns in her home for little girls dancing as Clara in the Nutcracker, who then got nailed with huge fines, confiscation of all her inventory, and the closure of her business for violating the flammability standards of children’s sleepwear. (http://www.rescuemarketing.com/blog/2009/01/18/have-any-of-you-ever-endured-an-inspection-by-the-cpsc-police/). I then tell them I do occasionally violate the law, as we all do. I’ve been known to drive over the speed limit, for example. But when I do so, I not only do it knowing that the chances of my being caught are small, but the consequences (for 5 miles over – we’re not talking doing 90 ina school zone) are small. I’ll pay a fine of a hundred dollars or so, maybe suffer an increase in my insurance premiums, but nothing that would devastate my life. A $100,000 fine plus 5 years in jail for each violation, though, is another story. The consequences are deliberately draconian to prevent violations – and I think all it will take is one high profile prosecution of a small guy to scare anyone contemplating civil disobedience away.
This is very, very well said.
I nearly put a group email out – I’m waiting to see what comes of Rick Woldenberg’s efforts RE: the letters to Dingell and the April 1 hearing in DC (wish I could go!). My greatest concern is that the folks that put this law together and cancelled hearing after hearing did NOT just fall off the proverbial turnip truck. They have been around – and they know that people lose steam; they give up. Let enough time pass and people will just live with whatever suffering they must – they grow…comfortable. I think this is accurate, as much as I hate to say so. It’s only when our outcry becomes a MOVEMENT that more will get done. If Dingell and Co. do not make significant strides in changing the course of CPSIA, it’s time for us to organize beyond this collaboration of mutually-supportive warriors here. Because, sadly, just when folks notice that we are writing letters – that Rep Dingell and a few others are taking actions WITH us, THIS IS THE TIME THEY SIT BACK and let “others” continue. The fact is, this is the time we need to turn up the heat – I totally agree with Headmistress – this is NOT the time to let up! Already, one of my former retailers said she just doesn’t want to be in the “negative headspace” of this – that’s one less activist on the team. One less voice goes the WRONG DIRECTION – we need more voices, daily. I’ve got some ideas but, as I say – let’s see what comes to bear from our joint efforts following Rick Woldenberg’s steps here.
Thanks for the link – you wite beautifully and this particular writing is very well put together. Very clear. I have to admit, I have a daily battle with paranoia now, given CPSIA. The fact is, I’ve always sold to women and dogs and am still going to sell to that market (CPSIA has reduced staff to yours truly so I’m continuing to update the site – let’s just say it’s VERY BOLD ) but I have to put people through what I’m calling “the inquisition” – once an order comes in, I end an email out – I won’t send anything unless they declare their intent and are informed that these are NOT for children. I believe I am abiding by the law – from all I’ve read, as far as I know, CPSIA does not have authority over consumer’s choices where it concerns buying products for dogs / adults. But there is STILL a “paranoid” level of fear – because, no matter how much I read, I STILL DO NOT UNDERSTAND this law. There is new information coming out all the time and I am not an attorney (unlike Rick Woldenberg). Really, it’s overwhelming to try and figure it out – as much as I’ve learned, I could not advise ANY business with a high degree of certainty – it’s scary! It’s insane. The bottom line is that we can’t take chances and NONE OF US wants to be doing anything that violates laws. It’s frightening.
I bet you’re right – there will be “examples” made. Still, let’s hope we’re both wrong!!! It’s one bet I’d like to lose…