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[This is a web reprint of Dave Kopel's "Talk Back to the Media"
column from the Rocky Mountain News.
Recent Talk Back to the Media columns are available at
www.RockyMountainNews.com. This older column appears on the
Kopel website
with the permission of the Rocky Mountain News.]
PAPERS COULDN'T CATCH A CODE
CONSIDERING ITS SIGNIFICANCE, WHY
DID ATTEMPT TO REPEAL CONSUMER PROTECTIONS GO UNNOTICED?
by David
Kopel
June 17, 2001
The trend these days in newspapers
is to provide readers with information that is personally useful. Both
the major dailies completely ignored an important story that will affect
consumers all over Colorado.
Like almost every other state, Colorado has adopted a model law called the
Uniform Commercial Code (UCC), which regulates much of Colorado's commerce. This
year, Colorado's business interests worked hard at the state legislature to get
the legislature to follow the lead of three dozen other states - and repeal
consumer protections that have been on the books in Colorado since 1965.
But the attempt to repeal consumer protections failed. Thanks in large part to
Democratic Sen. Bill Thiebaut of Pueblo, Colorado's new laws actually
strengthened protections for consumers. Starting on July 1, it's illegal for the
"repo man" to break into your garage - or even to unlock your gate - in order to
repossess a car (or other property) for which you're late making the payments.
And if the repo man breaks the law, you can sue him, and if you win, he has to
pay your attorney fees. Colorado is the first state in the country to
specifically outlaw certain types of conduct by repo men.
Whether you're a borrower or a lender, there was a lot at stake in this session
of the legislature, and important changes are coming when the new laws take
effect on July 1. By legislative standards, the action was pretty dramatic:
Thiebaut killed two bills which would have repealed consumer protections, then
pushed his own bill through. But the
Rocky Mountain News didn't print a single word about the changes in the
Uniform Commercial Code. The Denver Post offered a short article previewing the
efforts to amend the UCC - but offering no substance about specific changes - on
Jan. 7, and then dropped the issue for good.
Why did the papers fail to print even a paragraph about the UCC action? Well,
the UCC bill was 240 pages long. But that's no real reason, since reporters
don't always read the full text of the bills they're reporting on. (Indeed, only
a few legislators bother to read the full bills they're voting on.) Reporters
can ask sources - such as legislators or lobbyists on each side of the issue -
to summarize and explain the key points. Thiebaut even called a press conference
while the bills were in play - but nobody in the press bothered to show up.
And even if the statehouse reporters couldn't spare a couple hours to address
the UCC controversy, a business section reporter could have been assigned to
write something about one of the most important changes in business law which
the legislature has enacted in recent years.
By the way, I should point out that my father, retired state Rep. Jerry
Kopel,
worked closely with Thiebaut on the UCC bill. So I'm probably biased in favor of
Thiebaut's position - but regardless of the bill's merits, the bill's importance
was undeniable, and the bill deserved news coverage.
Early this year, Denver Mayor Wellington Webb imposed broad new restrictions on
Denver music clubs that serve alcohol. Webb imposed a new rule which prevented
such clubs from admitting people under 21, even if the young people were
segregated into a separate section of the club. City Councilwoman Elbra
Wedgeworth is working to undo the Webb restriction, which she believes is
harmful to small business. The Post reported on June 6 that "The conflict
started when the city decided to close a loophole that allowed youths at shows
that serve alcohol if a wall separated the two sides."
The "loophole" language makes it seem as if Webb were merely taking care of a
technicality, rather than creating new restrictions.
And by the way, Wellington Webb is a very important guy, but
he's not "the city," even though he's the head of the city's government. Even
the entire government of Denver isn't "the city." I wish the papers would just
call the city government "the city government."
The Post's Michael Booth, looking at summer gasoline prices (June 6), wrote,
"And of course, much of the blame for Americans frittering away more of their
income on gasoline must go to drivers. They're buying bigger cars and driving
them farther . . ."
Why is spending money on gas "frittering away" one's income? Compared to
spending the money on newspapers or Avalanche souvenirs? Usually, spending money
on gasoline helps people get someplace they want to go, and most destinations
(like work, or grocery shopping) aren't frivolous. Bigger cars are safer, so
spending money to keep one's family safe hardly seems like "frittering." And if
you take you family in its big safe car to Mount Rushmore instead of Pike's
Peak, I bet your kids won't accuse you of "frittering" your money on gasoline.
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