Public nuisance laws are why businesses can be penalized for releasing toxic gas into communities, enticing young people to smoke cigarettes, or, in the case of drug manufacturers and distributors, playing a significant role in the deadly opioid epidemic.
But that doesn’t mean corporations don’t have a plan. One dangerous weapon they have is the American Legislative Exchange Council (ALEC).
This right-wing nonprofit organization is funded by U.S.companies, from supermarkets and package delivery to oil suppliers and major pharmaceutical firms. Its members draft and lobby for legislation designed to help corporations evade accountability and punishment.
Since the 70s, it’s also advocated against civil rights of all sorts. And this year, ALEC may get a bill passed that guts public nuisance claims.
Corporations, especially in the drug industry, could get away with violating the public more than they already have. They can be given immunity to lawsuits while taxpayers foot the bill.
ALEC claims public nuisance enables people to exploit companies. But that scapegoating has been the resounding tune of corporations and the criminal legal system for years.
Consumer issues with airlines, food regulation, drugs, and other industries are worsening. Wage theft and other forms of labor exploitation continue stripping workers of basic resources.
But that exploitation isn’t sustainable. Without us, there are no industries. The power’s in our hands. And eventually, we will reach a breaking point.