JENNINGS: When life gives you lemons ...

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August 12, 2010

Anonymous The Journal-Register The Journal-Register Thu Aug 12, 2010, 02:32 PM EDT

ALBION —

Technically, 7-year-old Julie Murphy of Portland, Ore., is a lawbreaker. Last week, the young girl set up an unlicensed lemonade stand in Multnomah County at the Maria Fair in Oregon City. Multnomah County officials threatened to fine the girl $500 if she didn’t shut down the illegal business. I did not see if the county’s labor department threatened her for being employed at such a young age.

Here is a perfect example of legalism at its worst. Sure, in reality, the little girl was breaking the law, but there comes a time when public officials have to exercise a combination of good judgment and a little common sense — sometimes called professional discretion.

Thankfully, the head of the county government issued an apology the next day, and a few days later, the little girl opened up for business again and raked in a $2,000 profit. Since she is only 7 years old, I am not sure if the IRS or local tax authorities will attempt to collect taxes on the income, but I imagine they won’t want the negative publicity.

I joked about the story with a friend, saying that I could see something like this happening here in certain parts of Orleans County, and they laughed and said, “Around here it would depend on whose kid was selling the lemonade.” As funny as the statement was, there is an element of truth in it that is downright scary.

Nepotism aside, it is the legalistic and punitive mentality that scares me the most. I understand that there are laws on the books for a reason, but the best police officers aren’t the ones who blindly issue tickets for every infraction. They are the ones that are keepers of the peace and use their professional discretion when they decide whether they are going to issue a ticket or not.

I have had my share of dealings with local law enforcement, and in most cases when they could issue a ticket for something I was doing, they simply asked that I stop whatever it was — usually an unruly fire in the backyard or maybe not coming to a full stop at a stop sign. Even when I finally was ticketed for an illegal fire, everyone involved treated me with respect and there was no fine. I left with a heightened respect for the village attorney, the judge and the officers involved.

That is how you build respect in the community, with mutual respect, not browbeating and pointing fingers at people calling them lawbreakers and making threats. If anything, that creates resentment and a disrespect of the law.

Trust me, I have dealt with the type who would rather shut down a lemonade stand with threats rather than find a suitable compromise, and that narrow-minded mentality still exists with some powerful people right here in our own community.

One can only hope that when they come to shut down one of our lemonade stands, that the rest of us will stand up for what is right. And take the lemons and make lemonade, or just buy an illegal glass from a little girl.

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