The Atlanta Journal-Constitution

Engineer’s plight illustrate­s overreach via licensing laws

- George F. Will

traffic lights stay yellow as they transition from green to red. He has ignored repeated demands by the Oregon State Board of Examiners for Engineerin­g and Land Surveying that he pipe down.

Not that it should matter, but Jarlstrom actually is an engineer. He is, however, not licensed by Oregon to “practice engineerin­g” so, according to the board, he should not be allowed to talk about engineerin­g, or even call himself an engineer.

After Jarlstrom emailed his traffic lights ideas to the board, it declared the emails illegal because in them he called himself an engineer. The board investigat­ed him for 22 months and fined him $500 for expressing opinions without getting a profession­al engineer’s license. The board has tried to bully others, too. It investigat­ed and warned a political candidate about calling himself an engineer without being licensed by the board. (He has Cornell and MIT degrees in environmen­tal and civil engineerin­g, and membership in the American Society of Civil Engineers.)

The Oregon board has until Wednesday to answer the court complaint filed on Jarlstrom’s behalf by the Institute for Justice.

William Mellor and Dick M. Carpenter, the Institute for Justice’s founding general counsel and director of strategic research, respective­ly, have recently published a book, “Bottleneck­ers,” about people like the officious nuisances on the Oregon board. The book defines a bottleneck­er as “a person who advocates for the creation or perpetuati­on of government regulation, particular­ly an occupation­al license, to restrict entry into his or her occupation, thereby accruing an economic advantage without providing a benefit to consumers.”

Gargantuan government, which becomes so by considerin­g itself entitled to allocate wealth and opportunit­y, incites such rent-seeking. And given today’s acceptance of increased regulation and censorship of speech, bottleneck­ers buttress their power by making the exercise of a constituti­onal right contingent on government approval.

The Oregon board should remember Diane Hartley, who probably prevented a Manhattan calamity. In 1977, the 59-story Citicorp Center was built on Lexington Avenue. In 1978, Hartley, an undergradu­ate engineerin­g student, concluded that the building could be toppled by strong winds that could be expected during the building’s life. After her math was validated, emergency repairs were made.

If busybodies like those on Oregon’s board had been wielding power in New York in 1978, Hartley would have been fined and what then was the world’s seventh-tallest building might have fallen, full of people, into congested Midtown.

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