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Culture War Roundup for the week of May 6, 2024

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You can't separate whether the government should do A or B from the government's role in the transaction of which A/B are a part

Well we can if we are just look at how efficient solutions might be as per the OP. I completely accept that some (many?) people do not think the government should do a lot of things, and that is a reasonable position to hold!

But if it IS doing a thing (like the ADA currently), then presumably we can still explore what would be more or less effective, even if we stipulate that you might not think it should be doing that thing in the first place? I mean it's all hypothetical anyway, unless one of us is secretly in the Cabinet, then we are not going to be impacting whether the thing happens nor how it happens. So a hypothetical discussion with the stipulation that discussing the how doesn't mean you are endorsing the should, doesn't seem too unreasonable?

But if it IS doing a thing (like the ADA currently), then presumably we can still explore what would be more or less effective, even if we stipulate that you might not think it should be doing that thing in the first place?

But I don't think the government should not be doing that thing. (Defined nontrivially.)

Helping disabled people isn't bad. The problem is that doing so through lawsuits creates problems that don't happen when the government just taxes people and pays businesses $X to have disabled accommodations.

I agree! I don't think the current format is good, and I don't think OP's version of having individials have to negotiate with companies with their own budget is either.

Functionally though what is the difference between paying a company to do x or fining a company of it doesn't do x?

In the first case the company raises prices to cover the cost of X and its customers will end up paying for it, in the latter taxpayers pay for it ( some of whom may or may not be customers).

So I suppose the question is who should be on the hook for paying? Customers at least in theory have a chance of benefitting from X more individually than taxpayers most of which may well live hundreds of miles away from said business. However in taxpayers the cost is distributed across more people so probably feels like it costs less. Though that might count as hiding the cost I suppose.

As it stands we do both I guess, companies can get grants to make adaptions, and can get sued if they don't. So maybe thats the answer, a mix of both depending on the situation. Make funds available and directly fine companies that refuse anyway.

Functionally though what is the difference between paying a company to do x or fining a company of it doesn't do x?

Paying it is limited by budget. Unfunded mandates aren't. This prevents many abuses.