I’ve been involved in
the locksmith industry right at forty years.
As far back as the 70s those who taught me the ‘tricks of the trade’ could
see the handwriting on the wall; eventually licenses would be required. A couple of respected locksmiths vouched for
my abilities and had me join the Associated Locksmiths of American (ALOA) with
the understanding that having membership would be the key, no pun intended, the
key to being ‘grandfathered’ by the State; they were correct.
Licensing came about in spite of many individuals pointing
out it was a mistake; but as it was explained in no uncertain terms by our
local ALOA representatives, it was either become licensed or find some other
line of work.
I will start off with the stated
mission of the Agency which is the “protection
of the public through fair and impartial regulation of the Private
Investigations and Private Security Industry”. It goes further and states its
job as Agency in the State of Texas
for “ensuring citizens and consumers
of investigations and security services, that these industries provide reliable
services, employ qualified and trustworthy personnel, and are free from
misrepresentation and fraud”. With a mission statement as broad as all that; (*)
who could complain that they don’t have everyone’s interests at heart? (*sarcasm button engaged)
I’ve since learned much more about locksmith work; but also
about how government screws up nearly anything they touch.
In a landmark decision, “Dent v. West Virginia gave to the states the police
powers to regulate occupations (Gross 1984). This case largely took away the
right for the federal government to preempt state law in the arena of
occupational licensing.” Dent v. West Virginia involved
individuals in the medical field as pertains to the State including specific
wording, “…to protect the health and
safety of consumers…”
Magically, the same
basic phrasing applied to doctors to have them licensed has been applied to
almost every other industry the State decides needs to be licensed.
“The main rationales for
occupational licensing are to protect
the health and safety of consumers and to ensure a sufficiently high level of
product or service quality. By
making would be practitioners undergo specific training, pass exams, and
complete other requirements, according to this rationale, the public is better
protected from fraudulent, disreputable, and unqualified service providers.”
(emphasis added)
The expansion of
government depends on the public’s perception that some bureaucracy run by the
State magically guarantees your safety and well being. “…and if you’ll buy that… I’ve got some ocean front property in Arizona”. George Straight made a chunk
of change off of that tune.
But can the State justify licensing so many varied
industries under the all encompassing phrase, “to protect the health and safety of consumers”, or as Thomas Sowell
has been quoted when pointing out how our constitutional republic continues to
drift toward Socialism, “Mystical References to ‘society’ and its programs to
‘Help”…”?
The answer is, No, they
can’t; …but they do it anyway.
Study after study has shown there is little if any additional ‘safety’ gained by licensing a wide
variety of industries, to include the locksmith industry. Such licensing; however, has proven to
increase the cost of goods and services to customers while limiting competition
for those already licensed by keeping newcomers, part timers and tinkerers out.
“In fact, standard economic models
imply that the restrictions from occupational licensing can result in up to 2.85
million fewer jobs nationwide, with an annual cost to consumers of $203 billion
(Kleiner, Krueger, and Mas 2011). In
addition, evidence suggests that occupational licensing can result in a loss in
overall output of about 0.1 percent of annual consumption expenditures (Kleiner
2006). Overall, current research shows many cases in which there are limited benefits of occupational regulation
for consumers. There is little
evidence to show that the licensing of many different occupations has improved
the quality of services received by consumers, although in many cases it has increased prices and limited
economic output.” (from the Hamilton Project, emphasis added)
“The burden should be on the
government together with the associations representing the occupation to
demonstrate that the social benefits of these requirements exceed the economic
costs.”
“If current legal remedies are
adequate, then there is no need for further occupational licensing. If the
courts are crowded due to claims of fraud or incompetence against currently
unlicensed individuals in the occupation, it is unclear that licensing would
reduce court crowding, as courts currently adjudicate cases between licensed
occupations.” (Which begs the question, How many law suits are brought before the
courts which involve unlicensed locksmiths defrauding consumers and are these
law suits causing the courts to be overloaded?”)
But, in actuality the
burden isn’t on government to prove anything… Locksmiths who have been applying their
skills, those who’ve already proven their products and services a value to the
community, licensed locksmiths who are purportedly government’s guarantee for the public’s safety…, qualified skilled locksmiths
are reminded each year that they must maintain that license by jumping through
Lilliputian Hoops, completing meaningless continuing education classes which further add to the cost of doing business, costs which
are passed directly to the consumer…either that or forfeit their license and
seek employment in some other industry.
I had the opportunity to sit down and talk with Claude ‘CD’
Siems this past Saturday (April 30, 2016), a fellow locksmith and only sitting
board member on the DPS/PSB who is a locksmith. He seemed frustrated, a mild observation, as
he mentioned he was not permitted to talk with other board members about items they
were about to vote on, items which would directly affect each and every
licensed locksmith in the State of Texas. Does that seem more than a little odd to
anyone else?
I mentioned my concerns about the DPS/PSB being able to
justify licensing locksmiths, mandatory continuing education credit hours,
arbitrarily high insurance requirements and other issues. I brought up Ezra Taft Benson’s talk, The Proper Role of Government, one of the best explanations about how government receives its authorized
powers from the governed.
“The
important thing to keep in mind is that the people who have created their
government can give to that government only such powers as they, themselves,
have in the first place. Obviously, they cannot give that which they do not
possess.”
Translated that means
other locksmiths don’t have legitimate power to mandate how I run my business
so how can they give powers they don’t have to the DPS/PSB? Short answer, they don’t and can’t.
‘CD’ and I acknowledged, licensing wasn’t going away; but the
State really couldn’t justify most, (if any), of the board’s mandates; but the
DPS/PSB, can do what ever it wants.
The cost of keeping a business in good standing along with renewing
a locksmith license each year is about $500, give or take; but the State of
Texas claims those fees are to cover ‘clerical costs’. If that is so, why does the State of Texas only charge $25 for
a Driver’s License,…and that’s good for 6 years?
Please explain the enormous difference in ‘clerical
costs’. These folks have already been
investigated, already obtained their locksmith license and have not violated
the trust of the public; surely the State isn’t doing any additional background
checks. Could it be that locksmith
associations, via the State, are intentionally
creating a closed market, limiting those who can or cannot be a locksmith?
In my wallet I carry both licenses; they look identical,
even the photograph is the same. Why
can’t the State of Texas put a mark on the back of the driver’s license to
indicate the individual is also approved as a locksmith and pass along the more
reasonable ‘clerical cost’ of $25?
As for the State’s mandates regarding continuing education
to maintain a locksmith license; … can the State prove that even one hour of
continuing education for an already licensed locksmith is justified? They can’t and they know it!
It would be nice for folks to keep up with technology; but
can the State reasonably restrict a locksmith who only wants to work on older locks
he/she has proven to be proficient with and has no desire or claim to be
proficient in newer locks? The
government must prove its demands, not the other way around!
One thing I’ve noticed in almost every Occupational
Licensing research study is their inability to understand that nearly all
occupational licensing violates the principle of individual liberty. Instead they see America
as one huge ‘collective’ rather than acknowledging inalienable individual God given rights to Life, Liberty and the Pursuit of Happiness as
mentioned in the Declaration of Independence.
I can hear the DPS/PSB board members unspoken thoughts, as
if in the movie, Treasure of the Sierra
Madre, “We don’t need no stinkin’ justification, do as you’re told!” Sorry, Folks, that’s not acceptable.
This article has been cross posted to The Moral Liberal, a publication whose banner reads, “Defending The
Judeo-Christian Ethic, Limited Government, & The American Constitution”.