Saturday, April 19, 2008

Miniscule monarchs of Metropolitan mortals

Our animated little thinker What conclusion should one draw from the fact that a major city is doing something that 90.34% of their citizens oppose? That percentage is from the St. Paul Pioneer Press poll, and the question is:
Should St. Paul relax its on-site CPR rules to allow small fitness centers like Anytime Fitness and Snap 24-7 Fitness to stay open around the clock?
That a public poll on any question can reach 90% should tell us that the question is a total head-slapper... so obvious that the question shouldn't even be needed.

St. Paul has an ordinance requiring fitness clubs to have a CPR-trained person "on duty" at all times, which they interpret as on the premises. The ordinance is a 1980's ordinance aimed at sex clubs, now being applied to fitness centers having nothing to do with sex (unless you consider sweat and bouncing flesh as sexy). The original ordinance was of course not concerned with public health but with harassing and hoping to eliminate sex clubs.

The whole point of fitness centers like Anytime and Snap is open hours and lower price. I've been working out at a Snap center for about a year, and it isn't unusual for me to be there alone, because I can and do choose my workout times to avoid crowds. Certainly, the thought has occurred to me that my strenuous activity could lead to a medical problem, but that thought occurs to me at home too, and I'm alone there much more. In fact, I started working out because I had a mini-stroke at home alone, and had to drive myself to the hospital.

The city issued a $500 fine against two fitness centers and when they were taken to court, Minnesota Administrative Law Judge Beverly Jones Heydinger, astonishingly to me, sided with the city.

In what fantasy world are these people living? Are they even cognizant of the idea of individual freedom? Customers of these fitness centers know before they sign up that there will be no attendant on duty. For some customers, that is precisely why they signed up. They want to work out alone, or at least in an uncrowded gym, for various reasons. One nationally known bodybuilder, who would be welcomed at any gym, chose a small 24/7 fitness center precisely because he wouldn't be bothered there by adoring fans. Others make the same choice because they don't want to display their current physical condition to others (solving the old dilemma of having to get in good shape before appearing at a busy "public" gym).

I've been impressed by the obese people working hard in a quiet gym, and I understand that they wouldn't be caught dead in a big gym. For them, the quiet little fitness center may be the difference between exercise and no exercise, between life and death. They should have that right... the freedom to make that choice when it is available.

As I've pointed out many times, laws, ordinances, and regulations almost always impact the poorer members of society more, and this is but one more proof. If CPR-trained attendants are required at these smaller fitness centers, their costs will go up substantially, driving the poorer of their customers back home without convenient, affordable exercise.

Not surprisingly, St. Paul City Council Member Dave Thune is one of those defending the ordinance. Thune is St. Paul's resident nanny... he simply knows what is better for each of us than we do. Thune said. "If they want to fight on this thing, I will get neighborhood groups and district councils who have suffered at the hands of adult bookstores to fight back."

Adult bookstores? Sex clubs? How can a rational adult equate those businesses to fitness centers? For those of you who don't remember, Thune was instrumental in bringing a smoking ban to St. Paul. If you blessed him for that, comprehend that your support then simply encouraged him to be convinced that he has the right to ban or control any activity he doesn't personally deem proper.

Could there be corruption behind the enforcement of this off-the-wall ordinance being applied to unattended fitness centers? I have no evidence of corruption, but the smaller centers being harassed have become very popular, taking business away from larger fitness clubs, who would love to see the ordinance applied to their upstart competitors. One might also find pressure from those who provide training in CPR. When there is a big financial advantage to be gained by larger businesses (the smoke), then there is very often political pressure brought to bear (the fire). Is it just a coincidence that as unattended, lower-cost fitness centers have become popular that an ordinance would be found to stop them in their tracks? I really doubt it.

I don't live in St. Paul, but their ignoble ordinance requiring CPR-trained attendants will have an adverse effect outside their borders. Such nanny ordinances often spread to other city governments, just as anti-competitive, cost-increasing licensing regulations do. City officials tend to jump on the nanny bandwagon, claiming "public safety" as their justification for abolishing freedom. They also tend to respond to the wishes of the wealthy to the detriment of the poor. This seemingly idiotic ordinance, not supported by the public, could well spread to your city, and be yet one more stifling, expensive restriction on our rights.

This should be a gimme-a-break non-issue... the ordinance should be repealed or modified so that it covers only it's real original intent. The idea that the city can inflict such an onerous, ridiculous requirement is ludicrous. The whole point of working out is to push your body hard enough to make it stronger and healthier. Working out at a fitness center is hardly the only place that people work up a sweat or increase their cardio rate. Will the city require CPR-trained medical workers to follow hikers around? Should mountain-climbers have attendants? Should every bus stop have a helper for those who run to chase buses? Will they have them standing by in all our homes in case we engage in strenuous sex? Will they be required on all job sites where physical labor takes place?