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SICK OF THIS

By   /   January 27, 2014  /   22 Comments

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Tamales? Tamales? We have all had the encounter of the tamale vendors selling out of their van in the food store parking lot.
So, do they have a health inspection sticker on the van? Are they paying rental space on that parking spot? Do the pay taxes on the cash sales; do they have any license of any kind? Just what is in those tamales? And why do people still buy them?
Why is it, the county and cities do nothing about this, yet require mutable layers of regulations inspections on everyone else? I have complained to the city of Yucca Valley where I shop every Sunday for groceries. Why does the store manager have to go out and tell them to leave and they return every week, sometimes within an hour. When I point out to them, what they are doing is illegal, suddenly they don’t speak English? I had one who did speak English get into a shouting match with me about how I was not respecting him, really, no shit? You are correct; I have no respect for someone who cheats the system that everyone else has to adhere to.
All cities and counties are hurting for income and are quick to come after established business, yet they allow this underground economy to flourish and seem to turn a blind eye to these people. What is it going to take, someone to get really sick eating mystery meat tamales, made in someone’s kitchen before the health department and cities go “ oh my we had no idea” an when will John Q Public stop buying from these people, what is wrong with you? You won’t buy an apple in the store unless it is perfect, yet you buy homemade tamales, made by whom? where, with what?.
So in short, YUCCA VALLEY and the San Bernardino County get off your ass and do your job! Oh and here is the license California plate # of the van 4ASR265

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About the author

Richard Myers

I am 60 years old and proud of it, never thought I would live this long. I have raced motorcycles most of my life and still do, now my interest is in vintage motocross racing.

22 Comments

  1. The best dang Tamales I've had (Cheese) were bought at the Plaza when the 29 Farmers' Market was in operation. The vendor was selling them on the sidewalk, near the market.

    What makes you think fast food chains are sanitary. I love street vendors licensed or not. And I love Mexican people.

    Btw, I hope you haven't digested any FOSTER FARM DEAD CHICKENS LATELY. Know what I mean?

    Good to hear from you Richard. Even though your article smacks of ... well, you know, racism.

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    • Dan OBrien Dan OBrien says:

      Let me see where do I begin?

      Rules are rules, What's good for the old White Guy / Veteran should be good for the middle aged Brown couple?

      We have health laws to protect the public. It was a pain in the ass for me, and it took years in some cases to comply. But you know what it was for the better health of the public.

      It has nothing to do with race, but everything to do with Public Safety.

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      • Mark Clemons Mark Clemons says:

        “It has nothing to do with race, but everything to do with Public Safety.”

        Dan I understand your angst well kind of. When you look to big brother to protect you from those nasty food borne illnesses you wind up with a bureaucracy like FDA at the top and a planning commission on the lower end. In my very humble opinion people have the capability to ingest what they want when they want. Because the property owner doesn't care some would like government to dictate who sell what on his heavily taxed property. Those that comply because it is a RULE is BS and adds to the tyranny, it is every citizen’s duty weather a vet or not to disobey all unjust laws, we were given the ultimate power as jurors we have the duty to nullify all unjust laws we personally see fit.

        Your problem and compliance with government is just what our fore fathers feared.

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        • Mark Clemons Mark Clemons says:

          "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Now who would say something so silly?

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        • Dan OBrien Dan OBrien says:

          Oh bull-feathers Mark...... If I had to go through the hoops to get my license, those folks need to do the same thing.

          Public Health is not a balance of Liberty and Tyranny.... its common sense. It is one of the few essential things government can do.

          Seriously think about it.

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          • Mark Clemons Mark Clemons says:

            OMG Dan do you really think Big Bro has your best interest in mind, no one person prohibited you from selling your goods, you just didn’t trust your fellow citizens to acquit you if and when big bro came after you. The poor Mexican fellow trying to earn his keep and feed his family did. Don’t get me wrong I often wish I could be a compliant type of person, always thought I would be much better off.

            So now tell me how the city and county restrictions has improved your sanitary operations. If you check into where and what sickens people you will find most are sickened at commercial permitted establishments that were provided the tainted ingredients by FDA inspected food processors. Even the knuckleheads in Sacramento are finally starting to get it.

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  2. Thanks, I try to stay off blogs these days, I really dont care if you are mexican or from mars when I ask you for your certs and you no longer understand what I just said, ahhhh no. If you dont think there should not be health laws or regulations for vendors, cool, then when they go away I'll be in biz, selling my home made food in front of the store that sells food, lets open up the gates.....

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  3. just as a point of interest

    Contaminated food sickens 48 million Americans, resulting in more than 3,000 deaths and more than 100,000 hospitalizations each year. That’s right: 3,000 deaths

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  4. harvey bohman harvey bohman says:

    Which Doctor would you use? The one with a license or without ?

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  5. kathylinn says:

    I don't believe this has anything to do with racism. It's really not fair to those who have to pay for the licensing and certification. It's the same situation in my business...Is it fair for shade tree mechanics to be undercutting the guy who has to pay for licensing and certification from the Bureau of Automotive Repair, not to mention rent on a building and the expense of operating a business, etc? We have to pay for continuing education every two years to keep our licenses current and yet people will continually try to find what they feel is the cheapest resource out there and then whine when their vehicle won't pass the smog inspection or when we charge to fix what wasn't done properly in the first place. The consumer needs to be aware that supporting these people hurt not only themselves (there's no recourse if you encounter problems) but also further hurts legitimate businesses.

    I myself would not buy any prepared food product that's been percolating in the hot sun without refrigeration from the back of a vehicle.

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    • Mark Clemons Mark Clemons says:

      very good point "I myself would not buy any prepared food product that's been percolating in the hot sun without refrigeration from the back of a vehicle." and you did not need big bro. I think many see auto repair the same way besides you have heard of culling?

      The Buffalo Theory as told by Cliff Clavin: No one can explain this as well as Cliff Clavin, on Cheers. One afternoon at Cheers, Cliff Clavin was explaining the Buffalo Theory to his buddy Norm. and here's how it went:

      "Well ya see, Norm, it's like this... A herd of buffalo can only move as fast as the slowest buffalo. And when the herd is hunted, it is the slowest and weakest ones at the back that are killed first. This natural selection is good for the herd as a whole, because the general speed and health of the whole group keeps improving by the regular killing of the weakest members.

      "In much the same way, the human brain can only operate as fast as the slowest brain cells. Excessive intake of alcohol, as we know, kills brain cells. But naturally it attacks the slowest and weakest brain cells first.

      In this way, regular consumption of beer eliminates the weaker brain cells, making the brain a faster and more efficient machine. That's why you always feel smarter after a few beers."
      The cure is for people to stop looking for big bro to protect their lazy asses, the expectation of safety has done more harm than good.
      Here is one for you that expectation stupidizes the masses

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  6. Okay every one, I recant and surrender. Thank you all for your input.

    BH

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    • Mark Clemons Mark Clemons says:

      sorry Branson Had to add this very informative link about how easing nazi style codes creates new business
      http://www.forbes.com/sites/instituteforjustice/2014/01/29/california-legalized-selling-food-made-at-home-and-created-over-a-thousand-local-businesses/

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      • Dan OBrien Dan OBrien says:

        The one thing that the Tamale hawkers don't have that the Home Kitchen folks do have is a health permit.....

        Hey they want to sell tamales off a registered and approved cart I have one for rent. But get a hawkers license and a health Card just like the rest of America.

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        • Mark Clemons Mark Clemons says:

          Gosh, Dan how many hoops were you put through, and why with all the permits and all are you not selling your products. If I went to the links you have I would be utilizing my permits and carts to recoup my investment.

          Why force a man trying to use his labor to support his family to abandon that phrase worthy principle? I guess it the new America to force those willing to produce onto the government dole. Dam you republicans.

          Once again, the expectation of safety has dumbed down the populace

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          • Dan OBrien Dan OBrien says:

            Look Mark I don't give a fly rats ass .... If I had jump the hoops these people need to jump the hoops.... No flipping free ride.

            Yeah yeah yeah I know the system sucks but that's the system get over it.

            Of course if you plan on the great revolution let me know.... otherwise stay up on your soapbox. I don't see you grabbing up the flag and charging the line anytime soon.

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            • Mark Clemons Mark Clemons says:

              The citizens has the inalienable right to exercise jury nullification with that right comes the duty to disobey all laws regulations and code as one PERSONALLY sees fit.
              I believe in and trust my twelve peers over the mountains of regs authored by a majority or bunch of bureaucrats beholden to special interest.

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  7. Mark Clemons Mark Clemons says:

    Jury Nullification
    by Doug Linder (2001)
    What is jury nullification?
    Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.
    When has jury nullification been practiced?
    The most famous nullification case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels (the only issue the court said the jury was free to decide, as the court deemed the truth or falsity of the statements to be irrelevant), the jury nonetheless returned a verdict of "Not Guilty."
    Jury nullification appeared at other times in our history when the government has tried to enforce morally repugnant or unpopular laws. In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws.

    More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.

    Do juries have the right to nullify?
    Juries clearly have the power to nullify; whether they also have the right to nullify is another question. Once a jury returns a verdict of "Not Guilty," that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge.
    Early in our history, judges often informed jurors of their nullification right. For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]." In 1805, one of the charges against Justice Samuel Chase in his impeachment trial was that he wrongly prevented an attorney from arguing to a jury that the law should not be followed.

    Judicial acceptance of nullification began to wane, however, in the late 1800s. In 1895, in United States v Sparf, the U. S. Supreme Court voted 7 to 2 to uphold the conviction in a case in which the trial judge refused the defense attorney's request to let the jury know of their nullification power.

    Courts recently have been reluctant to encourage jury nullification, and in fact have taken several steps to prevent it. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is given to them, whether they agree with the law or not. Only in a handful of states are jurors told that they have the power to judge both the facts and the law of the case. Most judges also will prohibit attorneys from using their closing arguments to directly appeal to jurors to nullify the law.

    Recently, several courts have indicated that judges also have the right, when it is brought to their attention by other jurors, to remove (prior to a verdict, of course) from juries any juror who makes clear his or her intention to vote to nullify the law.

    If jurors have the power to nullify, shouldn't they be told so?
    That's a good question. As it stands now, jurors must learn of their power to nullify from extra-legal sources such as televised legal dramas, novels, or articles about juries that they might have come across. Some juries will understand that they do have the power to nullify, while other juries may be misled by judges into thinking that they must apply the law exactly as it is given. Many commentators have suggested that it is unfair to have a defendant's fate depend upon whether he is lucky enough to have a jury that knows it has the power to nullify.
    Judges have worried that informing jurors of their power to nullify will lead to jury anarchy, with jurors following their own sympathies. They suggest that informing of the power to nullify will increase the number of hung juries. Some judges also have pointed out that jury nullification has had both positive and negative applications--the negative applications including some notorious cases in which all-white southern juries in the 1950s and 1960s refused to convict white supremacists for killing blacks or civil rights workers despite overwhelming evidence of their guilt. Finally, some judges have argued that informing jurors of their power to nullify places too much weight on their shoulders--that is easier on jurors to simply decide facts, not the complex issues that may be presented in decisions about the morality or appropriateness of laws.

    On the other hand, jury nullification provides an important mechanism for feedback. Jurors sometimes use nullification to send messages to prosecutors about misplaced enforcement priorities or what they see as harassing or abusive prosecutions. Jury nullification prevents our criminal justice system from becoming too rigid--it provides some play in the joints for justice, if jurors use their power wisely.

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  8. Ahhhh Mark? not sure what all of that has to do with this, must have hurt you fingers to type all that. This Sunday I did my usual trip to Stater Bros and of course the Tamale vendors were there, they must have seen me, even though I parked a few rows away. They closed the back of their van as I started walking to the store, till they do biz like everyone else I will continue to report them.

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    • Mark Clemons Mark Clemons says:

      Now that some funny dung there
      Most can spot my typing I don't know how but they can Sppt et over a copy sand past
      Hey if you need a nanny state to protect you from them nasty vendors just remember where their is code seldom well you find an effort at perfection, just the code man, just the code nothing more nothing better
      You seemed very well public schooled

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