Whether the mask is labeled fascism, democracy, or dictatorship of the proletariat, our great adversary remains the apparatus - the bureaucracy, the police, the military. Not the one facing us across the frontier of the battle lines, which is not so much our enemy as our brothers' enemy, but the one that calls itself our protector and makes us its slaves. No matter what the circumstances, the worst betrayal will always be to subordinate ourselves to this apparatus and to trample underfoot, in its service, all human values in ourselves and in others. - Simone Weil, French philosopher and political activist
Both cases fall under the umbrella of overcriminalization, that phenomenon in which everything is rendered illegal and everyone becomes a lawbreaker. As I make clear in my book A Government of Wolves: The Emerging American Police State, this is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.
John Yates, a commercial fisherman, was written up in 2007 by a state fish and wildlife officer who noticed that among Yates' haul of red grouper, 72 were apparently under the 20-inch minimum legal minimum. Yates, ordered to bring the fish to shore as evidence of his violation of the federal statute on undersized catches, returned to shore with only 69 grouper in the crate designated for evidence. A crew member later confessed that, on orders from Yates, the crew had thrown the undersized grouper overboard and replaced them with larger fish. Unfortunately, they were three fish short. Sensing a bait-and-switch, prosecutors refused to let Yates off the hook quite so easily. Unfortunately, in prosecuting him for the undersized fish under a law aimed at financial crimes, government officials opened up a can of worms.
Arnold Abbott, 90 years old and the founder of a nonprofit that feeds the homeless, is facing a fine of $1000 and up to four months in jail for violating a city ordinance that makes it a crime to feed the homeless in public. Under the city's ordinance, clearly aimed at discouraging the feeding of the homeless in public, organizations seeking to do so must provide portable toilets, be 500 feet away from each other, 500 feet from residential properties, and are limited to having only one group carry out such a function per city block. Abbott has been feeding the homeless on a public beach in Ft. Lauderdale every Wednesday evening for the past 23 years. On November 2, 2014, moments after handing out his third meal of the day, police reportedly approached the nonagenarian and ordered him to "'drop that plate right now,' as if I were carrying a weapon," recalls Abbott. Abbott was arrested and fined. Three days later, Abbott was at it again, and arrested again.