Skip to main content

Eat Your Vegetables: City Council Considers A Well-Disguised Sin Tax


The Oklahoma City Council is considering a well-disguised sin tax. They call it a Healthy Neighborhood Zoning Overlay, but the effect is the same. It limits new dollar stores in the specified neighborhood. The ostensible goal is to create a welcoming environment for grocery stores selling fresh meat and produce. But it accomplishes this goal by giving existing dollar stores a monopoly, which will raise prices, and punish residents for shopping at the purveyors of (allegedly nothing but) junk food, instead of subsisting on fresh, organic kale smoothies like good little citizens.

Why would the Council intentionally restrict the supply of stores where many of their residents buy basic household goods and food? Several possibilities present themselves, though none are sound. 

A fundamental misunderstanding of the laws of supply and demand.
Economists call the current state of the neighborhood a contestable market: dollar stores choose low prices because the mere potential of competition keeps them honest. If they charged monopoly prices, a competitor, enticed by the potential for abnormally high profits, would enter the neighborhood, causing both sides to lower prices again. 

The proposed Zoning Overlay, however, would end this deterrent to price-gouging. If new stores are too difficult to open, or prohibited from selecting the best locations, what is to stop the existing stores (all of whom are owned by the same parent company) from raising their prices? In fact, even stores who were vigorously competing would likely raise their prices in unison with each other (effecting monopoly pricing without an illegal conspiracy), once they were protected by this type of Zoning Overlay.

A misunderstanding of basic nutrition.
The dollar stores in question offer at least some frozen or canned vegetables. While many prefer the taste of fresh produce, there is substantial evidence that frozen and canned vegetables are just as healthy as fresh. Is the problem the availability of nutrients? Or is the Council trying to bully residents into eating the “right way?

A desire to elevate a special class of merchants.
This seems like an unintended consequence, not the design of the program. But federal antitrust laws carve out an exception for state and local laws. So if someone wanted to favor a particular kind of store, zoning laws can become a legal way to cheat the system. The state gives new car dealers just this sort of protection, explicitly stating that it does so to protect them from competition, in order to make sure they stay viable. Existing dollar stores may even realize the boon they are about to receive from the city council. 

Using public policy to punish, and thereby reduce, specific, undesirable behavior. 
This happens all the time. We call it a sin tax - think cigarettes, alcohol or gambling. Are we comfortable labeling junk food a “sin”? A traditional sin tax directs the proceeds to the public coffers, for some worthy project to offset the sin. Here, the proceeds of the “tax” will go to the purveyors of the so-called sin. Is that a desirable policy? 

The Council wants to impose its dietary norms on the public. It can’t force people to eat healthy. A direct tax on junk food, much less healthy nonperishables, would be wildly unpopular. So it found a clever workaround to punish residents for patronizing unhealthy dollar stores over virtuous grocers. 

The proposed zoning overlay is a relatively small geographic area. Of course, the initial cause for concern was the difficulty residents without cars have getting groceries. These are the people who will still be stuck paying monopoly prices at dollar stores, while residents with cars go outside the overlay to do their shopping. The Overlay is likely to do the most harm to the very people it is supposed to help. But don't worry, residents of 73111, the Overlay is not permanent. As soon as you clean up your act, the city promises to stop punishing you. 

Mike Davis is Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org.

The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.


Popular posts from this blog

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches

Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution. Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions.   Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place. ...

A Teacher Walkout Leader’s Distorted View of School Choice

The Tulsa World recently published a piece by a leader of the teacher walkout a few years ago predictably opposing Governor Stitt’s proposal to expand the Equal Opportunity Education Scholarship program. There is much to take issue with in the piece, which is full of disinformation, but perhaps the most preposterous claim is the following: You’ve probably also heard of “school choice.” The term is extremely misleading because it implies that parents don’t have a choice, when the reality is every parent already has school choice for their child. Parents can choose to send their child to a public school, private school, religious school or even home school. School choice isn’t about giving parents more options. It’s about using taxpayer dollars to give wealthy families a discount on their choice of school. (emphasis added) Try telling that to the truancy officer. The model of public education in America is that we assign every student to a government school base...

Senator Sanders Misses the Mark On Oklahoma Education

Minimum Wage for Teachers Senator Sanders recently wrote an op-ed for the Oklahoman. Among other radical ideas, he proposes a federal minimum wage for teachers of $60,000. In a free market, a minimum wage hurts those who earn less than the minimum wage. If they can’t produce more value than the minimum wage, they will be unemployable. For teachers, who operate in a regulated market, it will still be more difficult for inexperienced teachers to find a job. Incentives to pursue further training and education, or to take on additional roles like advising clubs or coaching sports will be diminished. Or perhaps young teachers will be required to take on one or more of these extracurricular activities to justify their higher cost.   Lost in the promise of a minimum wage is the idea that the best teachers should be paid the most. Instead, most public school teachers in Oklahoma are paid in lockstep - meaning that an outstanding teacher makes the same as a mediocre teacher wit...

Spending Big on Public Education

Well, it’s not quite a record, but it’s close. Last school year (2018-19), per-pupil spending on public education in Oklahoma reached $10,000 (rounded by $4 and adjusted to 2015 dollars), only a little behind the zenith reached ten years earlier. That year (2008-2009), the federal government threw money at banks and states in an effort to reverse the beginning of the Great Recession. Across the nation, public education was at first insulated from the recession’s effects while taxpayers suffered job and home losses. But now, despite a gradual decline in public education funding for several years, Oklahoma’s public education spending has speedily and fully recovered, and then some. For several years, per-pupil spending in Oklahoma public schools fell to levels last seen in the 1990s. But then, two years ago, Oklahoma’s legislators apparently resolved to show they could spend as freely as any before them. Funding had recovered almost to the level seen in 2000 (see the chart). ...