“Wherever unaccountable, unelected bureaucrats enforce an increasing number of unconstitutional rules and regulations, the human cost is high. Shattered Dreams should alarm every citizen about the real and potential abuse by their own government.” Reagan Administration Attorney General Edwin Meese, III Ronald Reagan Distinguished Fellow, The Heritage Foundation “Most Americans are unaware of the massive attacks on our property rights and other personal liberties, and for a good reason; they are being confi scated bit by bit in a relatively unnoticeable way. The fi fth edition of Shattered Dreams gives us case by case documentation of this unpleasant process.” Walter E. Williams John M. Olin Distinguished Professor of Economics, George Mason University Nationally syndicated columnist and substitute host for the Rush Limbaugh Show “The National Center for Public Policy Research has performed a great service by cataloging the ways in which the growth of the regulatory state threatens our natural rights to ‘life, liberty, and the pursuit of happiness.’ Anyone who wishes to understand how paternalistic government is crushing liberty needs to read this book!” Congressman Ron Paul (R–TX) “It is inconceivable that the founders of our great republic would approve of modern government’s meddling into ordinary Americans’ daily lives. Shattered Dreams is a stunning, retail-level case study of the inequitable SHATTERED application of government power. Indeed, this book shows why far too many of today’s wrongful federal and state regulations not only undermine constitutionally protected liberties in an abstract sense but also ruin the lives of countless numbers of Americans.” Mark Levin Nationally syndicated radio talk show host and president of Landmark Legal Foundation DREAMS: One Hundred Stories “Big government is wasteful, ineffi cient, sinister – and funny. Half of the tales of regulatory abuse in “Shattered Dreams” are hilariously absurd – like the little girl whose lemonade stand was deemed illegal and shut down because she had not applied for a $60 license. But funny or sinister –and other stories show of Government Abuse regulatory abuse destroying lives and fortunes – this book reveals how Big Regulation increasingly throttles our freedom.Ignore it – and the laugh will be on you.” FIFTH EDITION John O’Sullivan Author and Senior Fellow, Hudson Institute “This collection of sometimes-funny, often-shocking horror stories should leave readers with one clear lesson: When Big Government comes knocking, don’t be afraid. Be very afraid.” Deroy Murdock Nationally syndicated columnist and Senior Fellow, Atlas Economic Research Foundation INTRODUCTION BY Judge Andrew P. Napolitano, FOX News Foreword by Ted Nugent 501 Capitol Court, N.E., Suite 200, Washington, D.C. 20002 202-543-4110 Fax: 202-543-5975 www.nationalcenter.org email: [email protected] The Center for Environmental and Shattered Dreams: Regulatory Affairs is a division of The National Center for Public Policy Research. It advocates private, free market 100 Stories of Government Abuse solutions to today’s environmental challenges and highlights the perverse Fifth Edition nature of many government-first regulations by attaching human faces to very real problems caused by over- regulation. The National Center for Public Policy Research is a non-profit, non-partisan By educational foundation based in Washington, D.C. David W. Almasi, Ryan T. Balis, Chris Burger, In some previous editions, this publication Rosemarie Capozzi, Eric Chapman, Nick Cheolas, was entitled the “National Directory of Matthew Craig, James P. Gelfand, Amy M. Ridenour Environmetnal and Regulatory Victims.” Center for Environmental and Regulatory Affairs, The National Center for Public Policy Research Shattered Dreams: 100 Stories of Government Abuse 1 Copyright © 2007 by The National Center for Public Policy Research All Rights Reserved. The National Center for Public Policy Research 501 Capitol Court, N.E., Suite 200, Washington, D.C. 20002 phone: (202) 543-4110, fax: (202) 543-5975 Internet: http://www.nationalcenter.org e-mail: [email protected] Library of Congress Cataloging-in-Publication Data Shattered dreams : 100 stories of government abuse. -- 5th ed. p. cm. Includes bibliographical references and index. ISBN 978-0-9665961-3-7 (alk. paper) 1. Administrative agencies -- United States. 2. Administrative agencies -- United States -- Management. 3. United States -- Politics and government. I. Center for Environmental and Regulatory Affairs. JK421.S53 2007 323.4'90973 -- dc22 2007009177 Shattered Dreams: 100 Stories of Government Abuse Table of Contents Foreword..................................................................................5 Introduction.............................................................................7 Air Quality......................................................................9 Americans With Disabilities Act..............................................11 Building Restrictions...................................................................13 Commercial Activities..............................................................19 Education Regulations.................................................................28 Eminent Domain..................................................................32 Endangered Species..................................................................42 Federal..............................................................42 National Defense...................................................60 Public Works.......................................................62 State & Local Species Regulations..............................67 Environmental Agencies.............................................70 Free Speech............................................................................76 Language....................................................................83 National Defense..........................................................85 National Park Service............................................................88 Police Power.......................................................................90 Property Rights......................................................................93 Smart Growth.........................................................................97 Transportation............................................................................98 Wetlands................................................................................100 Wildfire...................................................................................105 Acknowledgments.................................................................107 Photo Credits.........................................................................108 State Index..............................................................................110 Alphabetical Index...............................................................112 Shattered Dreams: 100 Stories of Government Abuse Shattered Dreams: 100 Stories of Government Abuse Foreword What happens when the U.S. Constitution and the Bill of Rights get thrown out the window in the name of an extreme or poorly-conceived regulatory agenda? The answers lie in this book — and they have human faces. The assault on American liberty certainly has its victims. Victims like a New Jersey man who faced charges for shooting a 400-pound black bear that was threatening his family. Or a Florida man who lassoed a wild alligator to prevent it from attacking a woman and four small children. Police “rewarded” him with a $180 citation — for “possession of an alligator”! Ted Nugent is a rock ‘n roll Or an Oregon family who may lose the ranch they’ve owned since 1850 because of guitarist who has sold over 30 federal efforts to protect an endangered Canada lynx — though the lynx has never even million albums worldwide. A been seen in the region. renowned hunting enthusiast, television and radio personality, Individual and property rights are at the heart of the American dream. Every time and New York Times bestselling the government grows, a little piece of that dream dies. Three cheers for The National author, Ted also serves on the Center for Public Policy Research for exposing the tragedies that result when regulatory board of directors of the National policies put human welfare dead last. Rifle Association. He publishes his own magazine, and is the The fight for freedom begins at home. It’s good to know The National Center for founder of Ted Nugent Kamp for Public Policy Research is standing guard. Kids, designed to teach children the wholesome values of shooting sports, hunting and conservation. Ted Nugent Ted is an avid supporter of the U.S. military, and travels to entertain our troops across the globe. He is a regular columnist and contributor to over 40 publications. Shattered Dreams: 100 Stories of Government Abuse Shattered Dreams: 100 Stories of Government Abuse Introduction President Ronald Reagan famously said: “The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’” The victims in this book have had about all the government help they can stand. Their stories will upset you, anger you, and make you wonder what happened to the land of the free. The U.S. Constitution and Bill of Rights were designed to protect, not grant, what our Founding Fathers viewed as our natural rights. America’s forefathers knew that any government powerful enough to grant such rights would