Police shutdown a lemonade stand…

Residents of Midway, Georgia should thank their police for working to stop the very serious crimes being committed in their town. No, not robberies or anything like that…but a lemonade stand set up by some kids that wanted to pay for a trip to a water park:

Midway police have shut down a lemonade stand run by three girls, saying the stand lacked a business license and required permits.

The girls had been operating for one day when Midway’s police chief and another officer cruised by. They had been trying to earn enough money to go to a water park.

The girls needed a business license, peddler’s permit and food permit to operate, even on residential property. The permits cost $50 a day or $180 per year.

Midway Police Chief Kelly Morningstar says police didn’t know how the lemonade was made, who made it or what was in it.

One girl, 14-year-old Casity Dixon, says the three had to listen to police and shut down.

The girls are now doing chores and yard work to make money.

Clearly, these kids had hired illegal immigrants and they were spiking the lemonade with vodka, illicit drugs and illegally obtained Oxycontin.

75 comments

  1. Baker says:

    So this is not an uncommon story at this point. Is this a cop problem? Wouldn’t you think they would use discretion to not shut lemonade stands down? I’m pretty sure our society is screwed. Does literally everything have to be written down in the law books?

    “Article 24: Part IV: Lemonade stands operated and owned by children under age 15 are not required to get a business license or food permit.”

    • NoTeabagging says:

      addendum – “If operated on property where said child is a legal resident of the State of Georgia, and said lemonade stand is on residential property owned, rented or leased by said child’s parent or legal guardian where both parties reside, and said parent or guardian haven given permission to operate such lemonade stand business.”
      “No lemonade stand, approved under this ordinance, shall operate for more than 30 consecutive days or a maximum of 120 days per calendar year.”

      LOL.

  2. SOGTP says:

    I agree with your sentiments, but this is something the people of Midway must address with their leaders. change the ordinances, demand accountability … the people must fix this problem.

    • Baker says:

      i mean, i see what you’re saying, but we’ve lost our collective minds. to need to change ordinances to let kids run a lemonade stand? just let the damn thing slide. we’ve become so litigious as to need ordinances allowing for this? and if so, we need to look at how we’re running things on a local level in society.

      • SOGTP says:

        The problem Baker. When elected officials put into law ordinances, police are obligated to enforce those ordinances. The elected officials need to reverse what ordinance the police were obligated to follow.

        • @SOGTP

          ” When elected officials put into law ordinances, police are obligated to enforce those ordinances.”

          Not totally true. Police, unless I have been asleep, still have something called “discretion” This is there for them to use judgement when enforcing the laws. The police are not robots that read Georgia Code books everyday and only see black and white.

          There are people everyday that break the law and have a run in with the Police. In some circumstances and situations Police simply remind folks of the right thing to do and look the other way.

          For people to insist that we create new ordinances or god forbid legislation is foolish and further exacerbates the problem our society has with remembering what our parents and grandparents told us was the difference between right and wrong.

          • +1 David

            It is 4 AM, you have been out all night drinking, nature calls, you find a bush, when your done you turn around and their is Johnny Law. I guess he should probably take you straight in.

  3. Todd Rehm says:

    How about state legislation exempting cute little moppetts from food safety laws, zoning ordinances and business/peddling license requirments if they’re selling less than 3 gallons per day of lemonade. Cuteness must be a requirement. And all signage must be hand-lettered.

    It’d make an interesting documentary to pick someplace, say, City of Sandy Springs, and take a kid through everything they’d have to do to manufacture and distribute lemonade legally.

    • CobbGOPer says:

      “It’d make an interesting documentary to pick someplace, say, City of Sandy Springs, and take a kid through everything they’d have to do to manufacture and distribute lemonade legally.”

      That sounds like a perfect job for Nick Gillespie and Reason.tv.

    • “Gotta teach these minors that they have to have the government’s permission to flex entrepreneurial brain power.”

      You’ve hit the nail on the head. The ability for anyone to go into business for themselves is one of the key things that has separated us from the poverty stricken countries of the third world. To see this undermined right here in Georgia is disturbing.

      Time for some knee-jerk State legislation! I’ll call it “Casity’s Law.” 🙂

      • SOGTP says:

        Buzz don’t you think this is something that should be handled in Midway.

        Now if you really want to do something at the state level, I have a suggestion. Pass a Food Freedom Act in Georgia. Any food grow, processed, and distributed within Georgia is not regulated by national FDA or USDA regulations. While your at it you could allow cheese to made from unpasteurized milk, which would start a Parmegianno Regianno renaissance in Georgia. It would help the dairy farmers and create jobs. I’ll bet you could find a cheese manufacturer or entrepreneur to start an industry.

        • There are limits on what governments can do, be they local, state, or federal. When an abuse is taking place something must be done. I hope the citizens of Midway let their leaders know the ordinance that shuts down kids’ lemonade stands is idiotic, but we have idiotic laws all over the State.

          I’m only half joking about “Casity’s Law.” I think it’s entirely appropriate for the State of Georgia to do something along the lines of what Todd suggested. I’m sure cops in Midway, GA would applaud.

          • SOGTP says:

            I notice that you conveniently omitted any comment on the potential of the Food Freedom Act, which are being passed all over the country. Don’t you want to lift regulations on our farmers and food processors?

            • It’s all part of my conspiracy to oppress farmers. 😉

              Sure I have no problem with a food freedom act (my support is dependent on reading the bill to see what it actually says).

            • NoTeabagging says:

              I want a Food Freedom Act that protects farmers from cross contamination by genetically modified seed crops and make the GMO producer (ie Monsanto) liable for contamination of organic and heirloom variety crops grown by farmers that choose to use the old methods of traditional farming.

          • Ambernappe says:

            This also show the confidence our government has in our ability to recognize children at play (with risks inherrent in joining kids at play) as opposed to an established business. And we accept this level of supervision in our society….. (Quoted from a trusted non-commercial source)

    • saltycracker says:

      No sales, income, property, license, inspection, business tax or fees exposure – no wonder the kids were able to build a 10 story building……..

      So are our acceptances & standards the same for kids selling stuff on the ghetto/bottoms corners ?

      I broke the law this week buying lemonade from some little kids on my golf course – do I turn myself & them in to the County or State or Golf Club that doesn’t allow coolers ?
      Parents were also abusive letting them sit out in this heat.

  4. Joshua Morris says:

    I wonder if the local high school’s booster club would be shut down if it tried to do a car wash or donut sale fundraiser. What’s the difference?

  5. Spacey G says:

    Clearly we’re a society too stupid to allow law enforcement officials to think, rationally, for themselves. Or is it that law enforcement types in Midway, GA are exceptionally stupid?

    • Spacey, I don’t know if it’s “too stupid” or too litigious. I wish it was just “stupid” or just “ignorant” but I don’t think that’s it. At least they didn’t levy a fine.

      Officials need to change the law, not just ignore it, because enforcement against adults might become problematic. Yeah, I know it sucks, but it still needs to be done.

      Also, I’ll bet Joshua has a good point, too. If the high school cheerleaders or junior high band members were having a fund-raising car wash or bake sale, I’ll bet the police would have ignored it. You know, because it’s so much better when an adult is the planner than when kids show initiative and leadership and do it all themselves.

    • Baker says:

      Indeed. This is what I was talking about above.

      @SOGTP- “When elected officials put into law ordinances, police are obligated to enforce those ordinances. The elected officials need to reverse what ordinance the police were obligated to follow.”

      Would anyone really have reported these officers for dereliction of duty if they did not shut this lemonade stand down? And if some Nurse Ratchett neighbor complains to Midway city hall (as happened in one of the other illegal lemonade stand stories), at some point shouldn’t officials just say, well Ms. Ratchett, I’m sorry you have a problem with it, but you’re a giant bi$#& and these kids are just trying to run a lemonade stand.

      I don’t know exactly what this would be called, but I think this is some part of a much bigger picture. Every little detail of life should not have to be covered by law. I know some of you will not like that I’m about to bring out Ayn Rand into this, but she kind of covers this in Atlas Shrugged. I’m not a hardcore Tea Partier. I believe in some aspects of Keynesian economics. I think there are many good things that government can do. But I also know that government can become a Leviathan. Rand lays out very well how govt becomes so big and self-perpetuating that even the people in government don’t really know why they’re doing what they’re doing, its just happening. Things are unfolding and getting more bureaucratic and more bureacratic. I won’t continue with my grand answer to this problem, but this lemonade stand business fits into all that and I think we all know it.

      • SOGTP says:

        Baker,

        Probably not. Want to hear a funny local cop story.

        My father taught me to drive when I was 14. He let me drive around town, because he trusted my driving abilities. The local police went to school with him and recognized that my father never would let me drive his car, unless I was capable. They never pulled me over.

        This is how local communities used to be.

        • saltycracker says:

          So you got off because the cop knew your father ?
          Not much has changed in small towns – the same thing happened to an acquaintance of mine whose kid broke into a building to drink beer with his buddies. (messing with you as I’m ok with degrees of discretion – but some cops are directionally impaired)

          Sadly, we just can’t return to Mayberry. But we can expect our cops to use some discretion in their decision making. Zero tolerance is not always wise.

          Which brings up that when we do arrest a minor we should also arrest the parents.

          • Ambernappe says:

            Meanwhile,in our neighborhood, school is out, parents are at work, and have made no accommodation for for their actve progeny to engage in legal activities. So the kids (juvenile delinquents) have emptied fire extinguishers into the swimming pool, broken bottles into the pool, set a fire close enough to have destroyed townhomes if the fire department had not arrived (3 am) and several other “cute” childish pranks. Neighbors post that they know the identities of the “kids” and have told them that they will notify their parents if these activities continue. How dare them – their names should be provided to the police and the parents should pay for the damages – supposedly each owner or tenant has liability insurance…………….Do I dislike children – hardly – six children (4 male) and six grandchildren (5 male) and not a delinquest among them. Oh – forgot to mention the bicycles “skidded” through the freshly resurfaced tennis courts, and the majority of the community voted against “Neighborhood Watch”. Welcome to Johns Creek.

          • seenbetrdayz says:

            I could think of worse places to live than Mayberry, lol. I don’t know why people always say it like it’s a bad thing.

  6. Rick Day says:

    Valuable lessons for these young entrepreneurs.

    The Man™ must be given His share up front, or there will be freedoms denied.

    What have we let government become?

  7. That’s right Buzz, we need a new law!
    Ban Licenses… Mandate Free Enterprise!

    (Figured I’d give it a try speaking in socialist tongue… doesn’t taste right, but maybe it’ll improve my communication abilities)

    • illegal immigrants = illegal lemon lemonade stand, in that it only became ILLEGAL because of a law to limit/control something/someone was passed.

      Couldn’t the GA General Assembly require people who are residents of other states get a permit/register prior to working in this State… what would those people be called if they didn’t comply?

      • Daniel,

        Many municipalities require out-of-town contractors to purchase work permits and local licenses, so maybe the GA legislature could do that. I’m not sure.

        Q: Couldn’t the GA General Assembly require people who are residents of other states get a permit/register prior to working in this State… what would those people be called if they didn’t comply?

        A: Criminals.

          • Well, ask a silly question, get a silly answer.

            And actually, I don’t think it’s Constitutional to require those permits, but I’m not an attorney or a paid attorney spokesman.

            And I probably should have said “Defendants” because I don’t know if they would have committed a “crime” even if that requirement were Constitutional.

            • Well, ask a silly question, get a silly answer.

              No, you were technically correct (if charged/convicted)… and that was my point. Correct, but not right… for a FREE society.

              • Daniel,

                I know you were making a point. I just thought it was so obvious that I would make light of it. No harm intended.

                And yes, government is generally oppressive and grows more so over time. Jefferson nailed that concept and I like having the Libertarians around to remind the rest of us of that fact.

  8. Well, it’s now on Drudge, HuffPo and most of the MSM.

    As a slight offset to the embarrassment, the Braves are engaged in a major beatdown of the Nats.

  9. Noway says:

    There is a silver lining in this. I hope Chief “Douchbag” loves working in the metropolis of Midway, ’cause he’she will NEVER be hired by another law enforcement agency. One Google search, and trust me a search is done on all LE candidates, this little incident will be seen and the “chief” will literally be laughed out of the interview room! Hope you enjoyed your little display of power there, “chief.” You are a major league tool and a joke. Wouldn’t it have been nice if this “chief” had seen the stand, asked the kids what they were raising money for and bought two Dixie Cups of lemonade for herself? You bet it would. But not for this worthless “chief.”

    • Noway says:

      Awesome! This thing has gone viral. It’s time for the “chief” to resign and to quote Steve Buschemi in Armegeddon, “go to work doing security at Toys R Us.”

  10. Atticus Grinch says:

    Don’t give the line that the police have no authority to exercise discretion. It is illegal to carry drugs outside of the original container. How many old people commit a felony every day because they put pills in the little plastic containers divided into 7 compartments for each day of the week? Think a cop is going to arrest an old lady for that? Of course not, because they would say “that’s not what the law is meant for”. They use discretion. Like Andy Taylor, not Barney Fife. Its time to stop the deification and glorification of law enforcement and stop excusing them for stupid, over-the-top behavior. Why are conservatives suspicious of government except for law enforcement. If the Georgia GOP has its way, everything we do will be criminalized and everyone in the state (except for them, their family members and their friends) will be on probation or in jail or prison.

  11. Dash Riptide says:

    It is illegal to carry drugs outside of the original container.

    Only controlled substances or someone else’s prescription, not little old lady drugs generally.

    • saltycracker says:

      If it was illegal to carry drugs outside original containers we’d never get thru an airport line.

  12. Update on this situation: I just heard from a friend in the local news media in Savannah that the water park the girls were raising money for issued them free tickets and a Lemonade mix company offered to pay all their city fees to reopen their stand. It is the sentiment of some that a business down there got lit up by the local inspectors. The inspectors were then told “what about those little girls down the street, what are you going to do about them”

    Still no excuse, I have to agree with @Noway, Chief Douchebag will get what he deserves when applying somewhere else.

      • saltycracker says:

        So they set out to learn capitalism & end up getting 100% subsidized……
        What’s next a spot on the Today Show ?

        Lemonade stand kids pee pranking

    • Noway says:

      ‘The correct answer from the chief should have been, “I’m going to do absolutely nothing! It’s a kid’s lemonade stand, for crying out loud!” No fuss, No muss. Common sense is long dead in this country. It’s incidents like this that prove that our nation is completely screwed.

  13. fuzzypeach777 says:

    “It is 4 AM, you have been out all night drinking, nature calls, you find a bush, when your done you turn around and their is Johnny Law. I guess he should probably take you straight in.”

    …and you will be charged as a sexual offender according to Georgia law! Upon conviction, you will be required to register as a convicted sexual offender with all the attendant wonderful additions to your life.

  14. Atticus Grinch says:

    OCGA 16-13-75 states: Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section 26-3-8. Section 16-13-71 states: A “dangerous drug” means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription.

    This applies to prescription drugs. Little old ladies violate this every day but don’t get arrested. Apparently, people at the airport violate it every day and don’t get arrested. Why? This appears to be about the only instance where police use common sense and exercise discretion to overlook felonious violations because they know that old ladies and airport patrons are not the intended targets of that law. To say that anarchy awaits if police exercise discretion to overlook certain acts that might technically be criminal offenses is ludicrous. We should want them to give warnings or to simply wave as they pass by the lemonade stand. The Barney Fife mentality used to be scoffed at; now it is exalted.

  15. drjay says:

    well all and all this ended up golden for these girls–like comfortably southside mentioned, they were given tix to the water park, the city of richmond hill, asked them if they’d like to sell their lemonade at gregory park, where they were last nite with a local tv news anchor doing a live remote during the broadcast, apparently raking it in. the mom said people were literally giving them donations (iirc the mom said something about giving the donations to the humane society and only keeping the money they make from actually selling the lemonade) and since they now have water park tix, they will see how much they make this go round and make othe plans with it…

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