None of this sounds very enjoyable, but it’s not the worst thing in 1984. To me, the most terrifying part was that you couldn’t keep Big Brother out of your head.

Unlike other 20th-century totalitarians, the authoritarians in 1984 aren’t that interested in controlling behavior or speech. They do, of course, but it’s only as a means to an end. Their real goal is to control the gray matter between the ears.

“When finally you surrender to us, it must be of your own free will,” O’Brien (the bad guy) tells the protagonist Winston Smith near the end of the book.

We do not destroy the heretic because he resists us: so long as he resists us we never destroy him. We convert him, we capture his inner mind, we reshape him.

Big Brother’s tool for doing this is the Thought Police, aka the ThinkPol, who are assigned to root out and punish unapproved thoughts. We see how this works when Winston’s neighbor Parsons, an obnoxious Party sycophant, is reported to the Thought Police by his own child, who heard him commit a thought crime while talking in his sleep.

“It was my little daughter,” Parsons tells Winston when asked who it was who denounced him. “She listened at the keyhole. Heard what I was saying, and nipped off to the patrols the very next day. Pretty smart for a nipper of seven, eh?”

Who Are These Thought Police?

We don’t know a lot about the Thought Police, and some of what we think we know may actually not be true since some of what Winston learns comes from the Inner Party, and they lie.

What we know is this: The Thought Police are secret police of Oceania—the fictional land of 1984 that probably consists of the UK, the Americas, and parts of Africa—who use surveillance and informants to monitor the thoughts of citizens. The Thought Police also use psychological warfare and false-flag operations to entrap free thinkers or nonconformists.

Those who stray from Party orthodoxy are punished but not killed. The Thought Police don’t want to kill nonconformists so much as break them. This happens in Room 101 of the Ministry of Love, where prisoners are re-educated through degradation and torture. (Funny sidebar: the name Room 101 apparently was inspired by a conference room at the BBC in which Orwell was forced to endure tediously long meetings.)

The Origins of the Thought Police

Orwell didn’t create the Thought Police out of thin air. They were inspired to at least some degree by his experiences in the Spanish Civil War (1936-1939), a complicated and confusing affair. What you really need to know is that there were no good guys, and it ended with left-leaning anarchists and Republicans in Spain crushed by their Communist overlords, which helped the fascists win.

Orwell, an idealistic 33-year-old socialist when the conflict started, supported the anarchists and loyalists fighting for the left-leaning Second Spanish Republic, which received most of its support from the Soviet Union and Josef Stalin. (That might sound bad, but keep in mind that the Nazis were on the other side.) Orwell described the atmosphere in Barcelona in December 1936 when everything seemed to be going well for his side.

The anarchists were still in virtual control of Catalonia and the revolution was still in full swing … It was the first time that I had ever been in a town where the working class was in the saddle,

he wrote in Homage to Catalonia.

[E]very wall was scrawled with the hammer and sickle … every shop and café had an inscription saying that it had been collectivized.

That all changed pretty fast. Stalin, a rather paranoid fellow, was bent on making Republican Spain loyal to him. Factions and leaders perceived as loyal to his exiled Communist rival, Leon Trotsky, were liquidated. Loyal Communists found themselves denounced as fascists. Nonconformists and “uncontrollables” were disappeared.

Orwell never forgot the purges or the steady stream of lies and propaganda churned out from Communist papers during the conflict. (To be fair, their Nationalist opponents also used propaganda and lies.) Stalin’s NKVD was not exactly like the Thought Police—the NKVD showed less patience with its victims—but they certainly helped inspire Orwell’s secret police.

The Thought Police were not all propaganda and torture, though. They also stem from Orwell’s ideas on truth. During his time in Spain, he saw how power could corrupt truth, and he shared these reflections in his work George Orwell: My Country Right or Left, 1940-1943.

…I saw newspaper reports which did not bear any relation to the facts, not even the relationship which is implied in an ordinary lie. I saw great battles reported where there had been no fighting, and complete silence where hundreds of men had been killed. I saw troops who had fought bravely denounced as cowards and traitors, and others who had never seen a shot fired hailed as the heroes of imaginary victories; and I saw newspapers in London retailing these lies and eager intellectuals building emotional superstructures over events that had never happened.

In short, Orwell’s brush with totalitarianism left him worried that “the very concept of objective truth is fading out of the world.”

This scared him. A lot. He actually wrote, “This kind of thing is frightening to me.”

Finally, the Thought Police were also inspired by the human struggle for self-honesty and the pressure to conform. “The individual has always had to struggle to keep from being overwhelmed by the tribe,” Rudyard Kipling once observed.

The struggle to remain true to one’s self was also felt by Orwell, who wrote about “the smelly little orthodoxies” that contend for the human soul. Orwell prided himself with a “power of facing unpleasant facts”—something of a rarity in humans—even though it often hurt him in British society.

In a sense, 1984 is largely a book about the human capacity to maintain a grip on the truth in the face of propaganda and power.

More Prophetic Than He Knew?

It might be tempting to dismiss Orwell’s book as a figment of dystopian literature. Unfortunately, that’s not as easy as it sounds. Modern history shows he was onto something.

When the Berlin Wall came down in November 1989, it was revealed that the Stasi, East Germany’s secret police, had a full-time staff of 91,000. That sounds like a lot, and it is, but what’s frightening is that the organization had almost double that in informants, including children. And it wasn’t just children reporting on parents; sometimes it was the other way around.

Nor did the use of state spies to prosecute thoughtcrimes end with the fall of the Soviet Union. Believe it or not, it’s still happening today. The New York Times recently ran a report featuring one Peng Wei, a 21-year-old Chinese chemistry major. He is one of the thousands of “student information officers” China uses to root out professors who show signs of disloyalty to President Xi Jinping or the Communist Party.

The New Thought Police?

The First Amendment of the US Constitution, fortunately, largely protects Americans from the creepy authoritarian systems found in 1984, East Germany, and China; but the rise of “cancel culture” shows the pressure to conform to all sorts of orthodoxies (smelly or not) remains strong.

The new Thought Police may be less sinister than the ThinkPol in 1984, but the next generation will have to decide if seeking conformity of thought or language through public shaming is healthy or suffocating. FEE’s Dan Sanchez recently observed that many people today feel like they’re “walking on eggshells” and live in fear of making a verbal mistake that could draw condemnation.

That’s a lot of pressure, especially for people still learning the acceptable boundaries of a new moral code that is constantly evolving. Most people, if the pressure is sufficient, will eventually say “2+2=5” just to escape punishment. That’s exactly what Winston Smith does at the end of 1984, after all. Yet Orwell also leaves readers with a glimmer of hope.

“Being in a minority, even a minority of one, did not make you mad,” Orwell wrote. “There was truth and there was untruth, and if you clung to the truth even against the whole world, you were not mad.”

In other words, the world may be mad, but that doesn’t mean you have to be.

By Jon Miltimore | FEE.org | Republished with permission

The views in this article may not reflect editorial policy of The Mind Unleashed.

The ADHD Medical Dragnet

While ADHD may be a real and debilitating ailment for some, the startling upsurge in school-age children being labeled with and medicated for this disorder suggests that something else could be to blame. More research points to schooling, particularly early schooling, as a primary culprit in the ADHD diagnosis epidemic.

Over the last several decades, young people are spending more time in school and school-like activities than ever before. They are playing less and expected to do more at very young ages. When many of us were kids, kindergarten was mellow, playful, and short with few academic expectations.

Now, 80 percent of teachers expect children to learn to read in kindergarten. It’s not the teachers’ fault. They are responding to national curriculum frameworks and standardized testing requirements that over the past two decades have made schooling more oppressive—particularly for young children.

The youngest children are the ones most often caught in the ADHD medical dragnet. Last fall, Harvard researchers found that early school enrollment was linked to significantly higher rates of ADHD diagnosis. In states with a September 1 school enrollment age cutoff, children who entered school after just turning five in August were 30 percent more likely to be diagnosed with ADHD than children born in September who were about to turn six. Immaturity, not pathology, was the real factor.

The ADHD Fallacy

Marilyn Wedge, author of A Disease Called Childhood: Why ADHD Became An American Epidemic, sounds the alarm on ADHD over-diagnosis. In a Time Magazine article called “The ADHD Fallacy,” she writes:

By nature, young children have a lot of energy. They are impulsive, physically active, have trouble sitting still, and don’t pay attention for very long. Their natural curiosity leads them to blurt out questions, oblivious in their excitement to interrupting others. Yet we expect five- and six-year-old children to sit still and pay attention in classrooms and contain their curiosity. If they don’t, we are quick to diagnose them with ADHD.

According to the US Centers for Disease Control and Prevention (CDC), the percent of very young children (ages two to five) who were diagnosed with ADHD increased by over 50 percent between 2007/2008 and 2011/2012. As of 2016, data show that 9.4 percent of all American children, or over six million kids, had been diagnosed with ADHD, and almost two-thirds of current ADHD-diagnosed children were taking medication for it. A March 2019 report on ADHD by Blue Cross and Blue Shield found that among commercially insured children of all ages, ADHD diagnosis rates increased 30 percent in just eight years.

While the symptoms of ADHD may be troublesome, looking first at the environment, rather than the child, may be an important step toward curbing the ADHD diagnosis epidemic. In his book, ADHD Does Not Exist, Dr. Richard Saul, a Chicago behavioral neurologist, explains that individuals diagnosed with ADHD either have external factors that exacerbate normal symptoms or have some other underlying condition that should be identified and treated. In the latter instance, he finds that once the underlying condition is discovered and treated, the ADHD symptoms usually disappear. In the former instance, changing the environment is a key step toward improvement. This is true for both children and adults with an ADHD diagnosis. Dr. Saul writes:

Like many children who act out because they are not challenged enough in the classroom, adults whose jobs or class work are not personally fulfilling or who don’t engage in a meaningful hobby will understandably become bored, depressed and distracted. In addition, today’s rising standards are pressuring children and adults to perform better and longer at school and at work.

An Environmental Mismatch

Addressing an environmental mismatch for ADHD-diagnosed adults could mean switching one’s job or field of study or pursuing a true passion. Maybe you’re an accountant who wants to be a carpenter or a nurse who wants to be an entrepreneur. For ADHD children, changing the environment could mean removing children from restrictive schooling altogether. As Boston College psychology professor Peter Gray writes:

What does it mean to have ADHD? Basically, it means failure to adapt to the conditions of standard schooling. Most diagnoses of ADHD originate with teachers’ observations.

Jennifer Walenski saw firsthand how transformative removing her ADHD-diagnosed child from standard schooling could be. She shares her family’s journey at The Bus Story and told me:

Our kids were actually in public school originally. Our son also was diagnosed with both ADHD and autism while he was in the school system. And they wanted to medicate him. But we said no. Then we took him and his sister out of school and began homeschooling them. Fast forward several years, he has absolutely no need at all for medication. He is just a normal boy who did not belong in that kind of environment. And most of us don’t. Think about it.

Walenski’s experience echoes that of other parents who removed their ADHD-diagnosed children from standard schooling. In an informal survey analysis, Gray discovered that when ADHD-labeled children left school for homeschooling, most of them no longer needed medication for ADHD symptoms. Their ADHD characteristics often remained but were no longer problematic outside of the conventional classroom.

Self-Directed Learning

Gray’s analysis also revealed that the ADHD-labeled young people who fared best outside of standard schooling were those who were able to learn in a more self-directed way. He found that the

few kids in this sample who were still on ADHD medications during homeschooling seemed to be primarily those whose homeschooling was structured by the parent and modeled after the education one would receive in a conventional school.

Replicating school-at-home can also replicate the problematic behaviors found at school, whereas moving toward unschooling, or self-directed education, can give young people the freedom to flourish.

Ending the ADHD overdiagnosis epidemic depends on a societal reality check where we no longer pathologize normal childhood behaviors. Much ADHD-labeling originates from forced schooling environments with learning and behavioral expectations that are developmentally inappropriate for many children. Freeing young people from restrictive schooling and allowing them to learn and grow through their own self-directed curiosity can lead to happier and healthier families and children.

Kerry Mcdonald, FEE, Used with Permission.

The ADHD Medical Dragnet

While ADHD may be a real and debilitating ailment for some, the startling upsurge in school-age children being labeled with and medicated for this disorder suggests that something else could be to blame. More research points to schooling, particularly early schooling, as a primary culprit in the ADHD diagnosis epidemic.

Over the last several decades, young people are spending more time in school and school-like activities than ever before. They are playing less and expected to do more at very young ages. When many of us were kids, kindergarten was mellow, playful, and short with few academic expectations. Now, 80 percent of teachers expectchildren to learn to read in kindergarten. It’s not the teachers’ fault. They are responding to national curriculum frameworks and standardized testing requirements that over the past two decades have made schooling more oppressive—particularly for young children.

The youngest children are the ones most often caught in the ADHD medical dragnet. Last fall, Harvard researchers found that early school enrollment was linked to significantly higher rates of ADHD diagnosis. In states with a September 1 school enrollment age cutoff, children who entered school after just turning five in August were 30 percent more likely to be diagnosed with ADHD than children born in September who were about to turn six. Immaturity, not pathology, was the real factor.

The ADHD Fallacy

Marilyn Wedge, author of A Disease Called Childhood: Why ADHD Became An American Epidemic, sounds the alarm on ADHD overdiagnosis. In a Time Magazine article called “The ADHD Fallacy,” she writes:

By nature, young children have a lot of energy. They are impulsive, physically active, have trouble sitting still, and don’t pay attention for very long. Their natural curiosity leads them to blurt out questions, oblivious in their excitement to interrupting others. Yet we expect five- and six-year-old children to sit still and pay attention in classrooms and contain their curiosity. If they don’t, we are quick to diagnose them with ADHD.

According to the US Centers for Disease Control and Prevention (CDC), the percent of very young children (ages two to five) who were diagnosed with ADHD increased by over 50 percent between 2007/2008 and 2011/2012. As of 2016, data show that 9.4 percent of all American children, or over six million kids, had been diagnosed with ADHD, and almost two-thirds of current ADHD-diagnosed children were taking medication for it. A March 2019 report on ADHD by Blue Cross and Blue Shield found that among commercially insured children of all ages, ADHD diagnosis rates increased 30 percent in just eight years.

While the symptoms of ADHD may be troublesome, looking first at the environment, rather than the child, may be an important step toward curbing the ADHD diagnosis epidemic. In his book, ADHD Does Not Exist, Dr. Richard Saul, a Chicago behavioral neurologist, explains that individuals diagnosed with ADHD either have external factors that exacerbate normal symptoms or have some other underlying condition that should be identified and treated. In the latter instance, he finds that once the underlying condition is discovered and treated, the ADHD symptoms usually disappear. In the former instance, changing the environment is a key step toward improvement. This is true for both children and adults with an ADHD diagnosis. Dr. Saul writes:

Like many children who act out because they are not challenged enough in the classroom, adults whose jobs or class work are not personally fulfilling or who don’t engage in a meaningful hobby will understandably become bored, depressed and distracted. In addition, today’s rising standards are pressuring children and adults to perform better and longer at school and at work.

An Environmental Mismatch

Addressing an environmental mismatch for ADHD-diagnosed adults could mean switching one’s job or field of study or pursuing a true passion. Maybe you’re an accountant who wants to be a carpenter or a nurse who wants to be an entrepreneur. For ADHD children, changing the environment could mean removing children from restrictive schooling altogether. As Boston College psychology professor Peter Gray writes:

What does it mean to have ADHD? Basically, it means failure to adapt to the conditions of standard schooling. Most diagnoses of ADHD originate with teachers’ observations.

Jennifer Walenski saw firsthand how transformative removing her ADHD-diagnosed child from standard schooling could be. She shares her family’s journey at The Bus Story and told me:

Our kids were actually in public school originally. Our son also was diagnosed with both ADHD and autism while he was in the school system. And they wanted to medicate him. But we said no. Then we took him and his sister out of school and began homeschooling them. Fast forward several years, he has absolutely no need at all for medication. He is just a normal boy who did not belong in that kind of environment. And most of us don’t. Think about it.

Walenski’s experience echoes that of other parents who removed their ADHD-diagnosed children from standard schooling. In an informal survey analysis, Gray discovered that when ADHD-labeled children left school for homeschooling, most of them no longer needed medication for ADHD symptoms. Their ADHD characteristics often remained but were no longer problematic outside of the conventional classroom.

Self-Directed Learning

Gray’s analysis also revealed that the ADHD-labeled young people who fared best outside of standard schooling were those who were able to learn in a more self-directed way. He found that the

few kids in this sample who were still on ADHD medications during homeschooling seemed to be primarily those whose homeschooling was structured by the parent and modeled after the education one would receive in a conventional school.

Replicating school-at-home can also replicate the problematic behaviors found at school, whereas moving toward unschooling, or self-directed education, can give young people the freedom to flourish.

Ending the ADHD overdiagnosis epidemic depends on a societal reality check where we no longer pathologize normal childhood behaviors. Much ADHD-labeling originates from forced schooling environments with learning and behavioral expectations that are developmentally inappropriate for many children. Freeing young people from restrictive schooling and allowing them to learn and grow through their own self-directed curiosity can lead to happier and healthier families and children.

By Kerry McDonald | FEE.org

The views in this article may not reflect editorial policy of The Mind Unleashed.

Erica, who had seen her father work long hours and sacrifice to provide for her family over the years, was happy to help her father buy the property. She was eager to begin building her own financial legacy and saw the property as an excellent investment opportunity.

These plans were derailed, however, when their property was seized by Wayne County, Michigan, in 2017 and sold to a private buyer.

All because they unknowingly underpaid their tax bill—by $144.

Disproportionate Punishment

While the father and daughter had been paying their property taxes diligently for each year they owned the property, in 2014, they unintentionally underpaid by $144. Neither knew about this miscalculation or the situation could have quickly been remedied. And without knowledge of this outstanding debt, the small amount grew as the county tacked on interest charges to the tune of $359.

To be sure, when interest was accounted for, the Perez family did owe roughly $500 in unpaid taxes to the county. County officials used this as justification to seize, sell, and then keep the $108,000 revenue earned from the sale of said property.

In the American legal system, there is a maxim: the punishment must fit the crime. But when considering the small amount by which the Perez family underpaid their property taxes, this seems like a disproportionate punishment to receive.

The government is allowed to seize property in order to settle a debt owed by an individual. However, it isn’t allowed to take more than it is owed. And in the instance of the Perez family property, Wayne County kept every penny it earned from the sale of their property—a practice known as home equity theft.

Fortunately, Pacific Legal Foundation (PLF) has stepped in and on July 9th, announced that it had filed suit on behalf of the Perez family against Wayne County and County Treasurer Eric Sabree.

Home Equity Theft

Many of us have accidentally underpaid a bill before. Whether we were distracted, busy, or simply not paying enough attention to the total amount due, accidents happen to everyone. Eager to get the full amount owed, most companies will send strongly worded letters or call incessantly until you cough up the remaining amount due. It’s completely understandable as to why an entity would do this: they want what is owed.

However, if they tried to take your car away over the miscalculation of a few dollars, most people would be angry—and justifiably so.

When it comes to property taxes, if an individual underpays by even just a few dollars, there are 12 different state governments that can and will seize your property and sell it, without having to pay you a dime of the earnings. This is known as home equity theft. Unfortunately, the Perez family is not the only victim of this practice in Michigan.

In 2014, Uri Refaeli lost his home after it was foreclosed on and seized by Oakland County, Michigan. In 2011, Rafaeli purchased a small $60,000 property for his business, Rafaeli, LLC. While he had paid his 2012 and 2013 property taxes in full, he discovered that he had accidentally underpaid in 2011. When he made this realization and tried to correct his mistake in 2013, he forgot to account for the interest that had accrued on his back taxes. As a result, he underpaid by a measly $8.41. The county seized and sold his property for $24,500. Rafaeli never saw a dime of this money.

When it comes to outstanding debt, just like private companies, governments are eager to get what is owed and there nothing wrong with them attempting to do so. However, when they begin to go after more than they are owed, the situation becomes troublesome.

To make matters worse for Michigan, the state also has a shady reputation for using this practice to its own benefit. According to Pacific Legal Foundation (PLF), local governments pad their budgets with the money earned from this stolen property. Each year in Detroit’s budget, there is a line with the estimated total revenue that the government is expecting to bring in from foreclosures of this very nature.

Earlier this year, it was discovered that Wayne County Treasurer Eric Sabree had violated Treasurer’s office rules by funneling foreclosed properties to family members and well-established and connected businessman for a fraction of the cost.

While state Treasurer’s office rules prohibit family members from participating in these auctions, several Freedom of Information Act requests filed on behalf of a Detroit News investigation found that transfers involving Sabree’s family overlap with his time in office. Since 2011, when Sabree began as deputy treasurer, Wayne County has transferred ownership of more than 1/4 of privately owned properties in Detroit as a result of back taxes—making the whole situation in Michigan even more suspicious.

Home Equity Theft in Montana

Michigan is not the only state guilty of using the practice of home equity theft. In Montana, local governments have been known to sell private homes of those with back taxes to “preferred” private investors, a practice that helped get the practice of home equity theft banned statewide just a few months ago.

Eighty-year-old electrician Gary Guidotti once owned four homes in Great Falls, Montana, which he rented out to help support himself and pay his bills. When the Great Recession hit in 2007, some of his tenants were no longer able to afford rent and stopped paying altogether. And without their rent helping to support him, Guidotti stopped paying his property taxes.

In 2008, Cascade County, Montana issued a tax lien of $1,125.45 on one of his homes. Just 17 months after issuing the lien, the county ended up selling it to a well-connected private entity for pennies on the dollar at $667.20. The private company, Sunrise Financial, acquired the deed to the property in 2011 and in 2015, sold the property for $139,300. Guidotti, of course, received no compensation from the sale of his home.

“This can’t be fair,” Guidotti said. “It (the law) has to be changed, but what’s the sense in fighting? The lawyers will have it all anyway. It’s just the way it goes.”

Without his properties, Guidotti was forced to move into a motorhome parked behind one of the homes that he used to own.

Challenging Home Equity Theft in Court

Our country was founded on the fervent belief that individuals have the right to their life, liberty, and, as is especially applicable here, their property. Greatly influenced by philosopher John Locke and his Second Treatise on Government, our country’s Founders understood how important property rights were to securing individual liberty and protecting Americans against government overreach.

In chapter five of Locke’s famous essay, “On Property,” he writes:

Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to (emphasis added), at least where there is enough, and as good, left in common for others.

When a person works, like Ramouldo Perez did, and uses the fruits of his or her labor to purchase property, that property is theirs and theirs alone. This respect for the sanctity of property rights has been one of the most defining characteristics of the American idea.

Yet, practices like home equity theft and civil asset forfeiture, which allow law enforcement to strip individuals of their property without due process, have belittled this sacred principle and harmed many innocent people in the process. The confiscation of a person’s property, especially over a few dollars of unpaid taxes, is thoroughly unAmerican. Private property should be protected by the government, not seized and sold off before an individual has an opportunity to remedy the situation.

The unconstitutional practice of home equity theft has allowed individuals to be stripped of their property without fair compensation. But there is hope that this practice could soon be reined in or perhaps even stopped altogether.

In May, after diligent efforts made by PLF, Montana passed Senate Bill 253, giving property owners further protections against home equity theft.

The new law protects homeowners’ equity by requiring homes be sold to the highest bidder. Now the extra profits must be returned to the former owner after deducting taxes, interest, penalties, and costs,

Christina Martin of the Pacific Legal recently wrote.

In addition to Perez v. Wayne County, this fall, the Michigan Supreme Court will also begin hearing oral arguments for Rafaeli v. Oakland County.

By Brittany Hunter | FEE.org

The views in this article may not reflect editorial policy of The Mind Unleashed.

Governments are known for a lack of creativity and an uncanny ability to think only inside the box. However, when it comes to getting creative with inventing new forms of taxation, they never disappoint. Chicago, for example, recently implemented a “PlayStation” tax on its residents as part of the city’s previously existing “amusement tax,” which, just as it sounds, taxes individuals on almost all forms of entertainment.

California, on the other hand, recently tried to get away with unprecedented levels of extortion when it tried to tax residents for their drinking water and text messages. The water tax is still on the table, but luckily, the Golden State did not succumb to the new ridiculous texting tax. New Jersey, though, might not be so lucky.

Blame It on the Rain

To be perfectly clear, while the new tax is being referred to as the “rain tax,” it doesn’t actually tax the rain itself, but that doesn’t make the context of the legislation any less absurd.

Bill S-1073 seeks to penalize businesses and homeowners whose property contains paved surfaces, like a driveway or a parking lot. When it rains, the rain acts as a medium, transporting any pollutants it picks up from paved surfaces, like brine and rock salt, and then depositing it into sewers and drains. And since the pollutants are thought to have originated from paved surfaces, the state has determined that property owners are responsible for any negative environmental impacts that result therein and should be penalized accordingly.

The legislation itself does not actually allow the state to collect any taxes, however. Instead, it allows each of its 565 different municipalities to create their own stormwater utility systems to minimize the runoff problem. Each locality will then charge each homeowner and business based on what the bill calls “a fair and equitable approximation” of how much runoff is generated from their property.

The legislation states:

Under the bill, a county, municipality, or authority (local unit) that establishes a stormwater utility is authorized to charge and collect reasonable fees and other charges to recover the stormwater utility’s costs for stormwater management.

As is the trend these days, supporters are praising the bill as a heroic move to protect the environment, though there is no real evidence that any significant harm is being done. Yet, legislators would have you believe there is a crisis at hand.

Senate President Steve Sweeney tried to convey the seriousness of the problem, saying, “With all the salt we’ve had on roads recently, that’s all running into the sewer systems, so you don’t ignore the problems because they don’t go away.” However, this winter has actually been mild for the state, with fewer snow falls than usual, meaning there has not been any sudden influx of rock salt pouring into the sewer systems this season.

A local writer, E.W. Boyle, highlighted the true idiocy of this proposed tax, writing:

Now, since our roads have been treated during winter storm events for over 80 years, with no apparent environmental impact, one wonders what took them so long to notice that there is salt runoff into creeks, streams and estuary rivers during subsequent rain events. No, rather what they noticed was the potential for yet another tax levy.

Boyle hits the nail on the head, and he is not alone in his opposition to the new tax. Republican state senator Tom Kean Jr. also criticized this proposal for the burden it places on New Jersey residents. Since each municipality is in charge of setting its own rules regarding the collection of this tax with very little oversight from any other governing entity, it is ripe for potential abuse. Keane said, “We all want to protect our environment. We all want to preserve it for future generations, but this is a weighted tax.” He continued, “The citizens of New Jersey…really [have] no way to defend themselves against tax increases at local levels.”

Since the bill gives local governments carte blanche to set the rates and collect the revenue, it makes it harder for residents to voice their concern if they believe they are being asked to pay too much. Keane later added:

…you shouldn’t create unfair authorities with uneven taxing practices…You’re creating a new layer of government that will not be regulated. The concern is uneven enforcement.

While uneven enforcement is certainly a concern, it is not the only problem the new rain tax inflicts on New Jersey residents. The legislation also comes with a hefty price tag that property owners will be responsible for footing.

From Bad to Worse

New Jersey is currently one of the most heavily taxed states in the country. And yet, it is going to burden its residents even further with the passing of this bill. According to the EPA, it will cost the state of New Jersey $15.6 billion to upgrade its storm drain system. However, the cost to Garden State taxpayers could end up being significantly higher.

New Jersey’s Office of Legislative Services, which usually determines the fiscal impact of state policies, could not shed any light on what this might actually cost residents. Since each local municipality is in charge of setting its own rates for each property owner, there is really no way of estimating the projected costs at this time. And given the nature of government, it is highly probable that taxpayers will end up paying more than their “fair” share of the burden.

Chris Sturm, a supporter of the bill and a water policy “expert” at the nonprofit organization New Jersey Future, attempted to downplay the impact this will have on homeowners. Sturm commented, “This will be negligible for the vast majority of homeowners. This is for properties that have large impervious surfaces.” While no one, including state officials, is sure of the fiscal impact this will have on residents, there is something else quite disturbing about his statement.

These properties with “large impervious surfaces” are places of business. They are the very institutions responsible for creating jobs, wealth, and prosperity within the state. And yet, rather than celebrating these titans of industry for their contributions, state lawmakers are attempting to impose onerous taxes on them. This is yet another example of governments using their taxing powers to turn private businesses into their personal coffers.

To make matters worse, any individual or business who does not pay their “rain tax” will be charged interest and have a tax lien imposed on them by the state, the very same type of action taken against those who fail to pay their property taxes.

New Jersey is, unfortunately, not the first state to attempt to inflict this type of tax on its residents. In 2012, Maryland instituted its own version of the rain tax, but it was not received well by the taxpayers. In 2014, Republican Governor Larry Hogan altered the law and allowed nine counties and the city of Baltimore to opt out of the state’s rain tax, so long as each municipality promised to address the Chesapeake Bay runoff issue on their own.

Hogan commented, “Passing a state law that forces counties to raise taxes on their citizens against their will is not the best way to address the issue.”

New Jersey does not feel the same way.

New Jersey legislators have done their constituents a great disservice by passing this bill. And now, the legislation is currently sitting on the desk of Governor Phil Murphy. It is expected that it will be signed any day now. This gives new life to the saying, “when it rains, it pours.”

Opinion by Brittany Hunter / Creative Commons / FEE.org