Even seemingly innocuous laws are enforced with violence
Sen. Rand Paul took some heat this week for pointing out that Eric Garner was essentially executed for selling untaxed cigarettes. I’m not sure why this is a controversial thing to say (especially since Paul also explicitly said the video itself was “horrifying”). Every law, no matter how seemingly innocuous, is enforced with the threat of violence: If you fail to follow it, the state is saying it reserves the right to use violence to force you to comply and/or force you to submit to a penalty for violating the law. Every law passed also creates more opportunities for interaction with police officers, the people entrusted to use the violence necessary to enforce the laws. How a proposed law will be enforced, and potentially abused, ought to be considered in addition to the content of the law itself.
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Now, I doubt that New York city council anticipated that failure to comply with this particular law would result in a man’s death, any more than legislators in Indiana, Georgia, South Carolina, or Florida anticipated that seat belt enforcement could end in tasings, shootings, or arrests. But you enforce the laws with the police institutions you have, not the police institutions you want. Low-level offenses are a tool police sometimes use to do sweeps for outstanding warrants, or as part of a “broken windows” strategy of law enforcement. These are tactics overwhelmingly deployed on low-income and minority communities.
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It may be that the lives saved by seat belt laws and cigarette taxes are well worth the added police-citizen interactions needed to enforce them, and any incidents that might occur during those interactions. But I don’t see the harm in pointing out that these laws will result in more such interactions, or in pointing out which communities are likely to be on the receiving end of most of them.
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