retroactive legitimization of regulation

This NYT arti­cle caught my eye: New York’s Cab­bies Like Credit Cards? Go Figure

New York’s cab­bies howled when the city began forc­ing them to take credit cards. Some even went on strike, call­ing the require­ments a kow­tow to tourists and a bur­den on drivers.

But two years later, the back-of-the-cab swipe has emerged as an unlikely sav­ior for New York’s taxi indus­try, even as other cities’ fleets strug­gle to find fares in a deep recession.

Over­all rid­er­ship and rev­enue have increased. More and more fares are being paid with credit cards, even for shorter rides. And tips for dri­vers, usu­ally an early casu­alty of tough times, are up sharply, dou­ble over the pre-plastic days.

Even cab­bies are con­ced­ing that credit cards are good for busi­ness. “It’s bet­ter,” said Naveed Shah, 35, a dri­ver for five years, as he gassed up his Ford Crown Vic­to­ria recently. “If there was no credit card, peo­ple aren’t going to take taxicabs.”

The tone of this arti­cle con­cerns me. The author and the cab dri­vers them­selves seem to have the atti­tude that the reg­u­la­tions were, on bal­ance, a good thing. That’s because at least some of the taxi dri­vers admit that they were wrong to resist the reg­u­la­tions, that they boosted busi­ness, and that the gov­ern­ment really did know best. But that is really besides the point. It is a busi­ness owner’s right and respon­si­bil­ity to make busi­ness deci­sions, such as whether to install credit card pro­cess­ing equip­ment and on what terms. Some­times busi­ness own­ers make these deci­sions well, and other times they don’t. The refusal of some cabs to accept pay­ment via credit card vio­lated no one’s right and posed no threat to pub­lic health or safety. Thus, no reg­u­la­tion was jus­ti­fied. The cab dri­vers’ ulti­mate endorse­ment of the credit card read­ers is nei­ther here nor there. It does not retroac­tively legit­imize the regulation.




No Comments

Post a Comment

Your email is never shared. Required fields are marked *