Sightings from Navigator 4, 6

On May 10, José Piñera spoke at a small reception in Nyack, New York, sponsored by the Foundation for Economic Education and the Cato Institute. Piñera, who has previously spoken at TOC events, delivered his trademark speech on the privatization of government pension programs. He also touched on George W. Bush's actions to privatize part of America's Social Security system and fielded questions about the current system's inefficiencies.

On May 20, FEE also hosted its annual spring dinner at New York City's Harvard Club. Many prominent figures in the free-market were in attenadnce, including John Stossel, Jacob Sullum, and Ed Crane. Bill O'Reilley, host of "The O'Reilley Factor" on Fox News, delivered the keynote address.

For more information on events at FEE, call Nicole Gray at (914) 591-7230. For more information on events at the Cato Institute, call (202) 842-0200.

James S. Robbins, a professor of international relations at National Defense University and a frequent contributor to Navigator, was interviewed Thursday, May 3, 2001, on "The Chip Franklin Show," a Baltamore-based radio talk show broadcast on WBAL. Robbins discussed general issues relating to national missile defense, such as the changing strategic environment, technological feasibility, and the effect on other states of a U.S. or alliance defensive system.

According to Robbins, the show located him via TOC's Web site, where Robbins's Navigator commentaries are reproduced.

See articles by Robbins that are on the TOC website.

The Institute for Justice, a public-interest law firm, has scored a major legal victory on behalf of Las Vegas limousine operators. On May 16, a Nevada court ruled that that state's Transportation Services Authority (TSA) violated the constitutional rights of three independent limousine operators— Rey Vinole, John West, and Ed Wheeler—who were unable to get limousine licenses owing to the action of regulators and established limousine companies seeking to limit competition.

Clark County District Court Judge Ron Parraguirre ruled that: "The Court finds the combined actions of Defendants TSA, Ambassador, Bell Trans and Star . . . violated Plaintiffs Rey Vinole, John West and Ed Wheeler's Due Process rights under the 14th Amendment and the Nevada Constitution . . . . The right to earn a living in one's chosen profession is a liberty interest protected by the due process clauses of both the U.S. and Nevada constitutions."

To start a limousine company in Nevada, one must convince three government officials—TSA commissioners—that an application is worthy of a state-required "certificate of public convenience and necessity." The TSA then effectively hands the process over to existing companies who "intervene" against an application. These existing limousine companies use the process to keep new competitors out and transform the application process into more of an inquisition than an administrative hearing. Nearly all companies not already connected in some way to the Las Vegas transportation network are rejected or find the licensing fight so stacked against them they drop out in despair. From 1979 to 1998—the year that IJ filed suit—only four new companies were admitted to the market.

In his decision, Judge Parraguirre wrote: "[T]he intervention process amounted to an onerous and unduly burdensome process by which the applicants were forced to either withdraw their applications, agree to limit the operational scope of their proposed [Certificates of Public Convenience and Necessity], or incur increasing litigation fees and costs in order to comply with the numerous financial information and disclosure demands made by the TSA as well as the intervening carriers. Accordingly, the Court finds that the Due Process Rights of Rey Vinole, John West and Ed Wheeler under both the 14th Amendment and the Nevada Constitution were violated in the application of the statutory licensing scheme and its requirements under the aforementioned statutes and its corresponding administrative code provisions."

Chip Mellor, president of IJ, called this victory, "A major step forward in the fight to restore constitutional protections for the right to economic liberty—the right to earn an honest living free from excessive government regulation."

Other recent IJ victories have included: opening up taxi markets in Denver, Indianapolis, and Cincinnati; opening van services in Houston and New York; deregulating African-hairbraiding in Washington, D.C., and California; and breaking up Tennessee's government-imposed casket cartel.

For more information on IJ, call Maureen Blum at (202) 955-1300, write to her at mblum@ij.org, or visit www.ij.org.