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Culture War Roundup for the week of November 13, 2023

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I just heard what I think is a terrible atrocity (granted on the much milder-end of terrible atrocities) that no one seems to know or care about. Apparently Maryland requires that if you have been diagnosed with sleep apnea:

  1. you report it to the DMV
  2. you have to use a CPAP machine (edit: if that's your doctor's recommended treatment)
  3. your CPAP machine has to send data to the state showing that you're using it regularly for 70% of each night (edit: if CPAP is your doctor's recommended treatment)

Failure to do this will result in your driver's license being revoked.

This really makes my blood boil. I found out about this because my friend in Maryland is one such person affected by this, with her extremely mild case of sleep apnea (that probably 75% of Americans actually have). She didn't bother with or really need the CPAP, but now, the DMV found out, and is threatening to revoke her license, so she has no choice. Hell, I'm a person who's been diagnosed with very mild sleep apnea, but I chose to not use the CPAP machine, because I couldn't stand having an intrusive device strapped onto my face with tubes running on my bed, pushing air down my throat all night every night. Provided I didn't sleep on my back, I was completely fine, and I didn't need to use the device at all. Since then, I've lost weight, and I don't have sleep apnea anymore, or at least not as much, but I don't even know if they ever declare someone as "no longer having sleep apnea", or if I'd actually pass that threshold, or if the DMV would care. My only saving grace is that I don't live in Maryland, but man, this makes me so scared about what might come next, and how long I'll get to keep my driver's license for before this either comes to my state, or some other health-related driving restrictions start cropping up.

This seems like such rampant safetyism to me that it honestly makes me so angry, probably angrier than I should be. I guess this seems like such government overreach, much in the same way as covid restrictions. Except that these restrictions really could last forever, and expand to other states, and never go away, unlike the covid restrictions. Did Maryland honestly have rampant cases of drivers falling asleep because they were so tired from their sleep apnea that they needed to mandate an intrusive, ongoing, never-ending medical treatment to save people from crashing their cars? Does this help anyone at all, or were they just looking to do some security theater?

I really want to do something to fight this before it expands. Is this the sort of thing the ACLU would take up the fight for? Are there any organizations that would actually fund and spearhead a class action lawsuit for this sort of thing?

Crazy. Apparently your friend is not the first person, news story from February 2023: https://www.nbcwashington.com/investigations/little-known-maryland-law-requires-people-with-sleep-apnea-to-report-diagnosis-to-driving-authorities/3272929/

The I-Team reviewed driving laws from across the country and found several other states – such as Florida, New Jersey, Maine and Texas – also list sleep apnea as a condition that may be subject to medical review by state motor vehicle authorities.

Virginia law requires its Department of Motor Vehicles to ask drivers applying for or renewing a license if they have a medical condition that could prevent them from driving safely but doesn’t specify sleep apnea as among them.

This is probably because driving is treated as a "privilege" by the state.

This is probably because driving is treated as a "privilege" by the state.

Driving should be treated as a privilege. I'm more opposed to safetyism than the median person, but it still surprises me that we came up with a norm that operating one specific class of heavy machinery is basically a right that's hard to remove, even for individuals that are incompetent or repeatedly demonstrate that they will drive while inebriated. Tens of thousands of otherwise young, healthy people die in vehicular accidents annually and it remains an entirely niche issue to even think about traffic safety.

This doesn't get me to the point of favoring this particular sort of intrusion, but I generally think licensing is far too liberalized.

Your point of view makes sense, but it would make more sense to me if we haven't had 100 years of infrastructure that treats the operation of that heavy machinery as a given. It's really hard to live without driving a car in all but the most densely populated cities!

Your argument is just status quo bias. "auto licensing should be treated as a given because -> our infrastructure is designed around autos because -> we've always treated auto licensing as a given". If auto licensing were not treated as given, then we would be incentivized to adapt our infrastructure appropriately.

Not really. I just don't trust that threatening people with sleep apnea that they're going to take away their licenses would be enough to change that status quo. If someone were to actually make it as easy or easier for like 99.99% of people to live without a car, then I'm in favor of that status quo changing. Until then, I'm in favor of the status quo because it's a better system.