01/31/2014 02:22 pm ET Updated Apr 02, 2014

Howard's Daily: Fair Regulation Requires Human Judgment

Perhaps it's fitting that Madison County, Illinois--where trial lawyers roam the courts like gunslingers--is now also a symbol of bureaucratic excess. This week Madison County authorities shut down the fledgling cupcake business of 11-year-old Chloe Stirling ("Hello, Cupcake!"), because health department rules require her either to purchase a commercial bakery (hmm, that's practical) or to have a dedicated kitchen (ditto). Chloe's cupcake business now is tossed onto the scrapheap of neighborhood activities, such as children's lemonade stands, soup kitchens, and school fundraisers that, inevitably, conflict with cast-iron bureaucratic rules that loom over our (supposedly) free society.

The flaw here is the notion that regulatory oversight requires one-size-fits-all. The main public purpose of health regs is to avoid poisoning people, an undeniably worthwhile goal. But regulators should focus on the goal, not rule micromanagement. Officials must have flexibility to make exceptions for life's little activities--at least until a real problem emerges. Yes, giving officials flexibility can sometimes lead to problems, as with certain police practices. But if police enforced every law literally, most of us would be in jail for jaywalking. It is impossible to regulate society fairly and sensibly without human judgment. Chloe Stirling is only the latest example of America's flawed governing philosophy. See generally

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