I regularly email and forward information to my Congressman's Aide. For some reason, I felt I needed to make this one public. I do not feel that we as an industry should be criminalized. We are even less than criminals in that we are guilty until proven innocent. This is wrong. It is also wrong that Malcolm Smith is literally going to become a criminal on Thursday for violating this inane law. I'm sure I am not alone when I say I will be in that long line of people donating to his legal defense fund, with what little money I don't have.
Hi Jennifer:
I would like to update you on a couple of CPSIA issues you should be aware of.
First, the CPSIA is about to turn a legend, into a criminal. Malcolm Smith is a legend among motorcyclists. He was in the 1970’s movie “On Any Sunday.” He is a top ATV dealer in the nation. He is sick and tired of the politics and delays, and general nonsense that has been going on in relation to the CPSIA. He has announced that he will begin doing what he has been legally for years: selling ATVs designed for children.
http://dealernewsblog.wordpress.com/2009/03/14/top-dealer-to-challenge-cpsc-lead-content-rule/
Will he be hauled away in handcuffs by the CPSC? My inclination is no. Will be charged by the Attorney General of California? Very possibly. Or perhaps one of the consumer groups or litigation lawyers will see to it that he gets sued. This law has literally reopened the wild west mentality in children’s products litigation.
Is he playing games with children’s safety? No, he is trying to protect children’s safety. If you consider that children are now being forced to use bikes meant for adults. That is not safe. Consider that ATV dealers are not selling spare parts for existing ATVs. That does not make ATVs and children that ride them safer. If you consider that new products that are being proposed without any lead do not have the integrity of the existing parts, this does not make us safe either. This is one man in one segment of the children’s product industry that is taking a stand. Who will be forced to become a criminal next?
I also thought you would be interested to see this exchange between Nancy Nord and Hugh Hewitt. Can the CPSC and Congress please figure out who is responsible for this mess? I would say the smart money is on those that wrote the bill and refuse to discuss it. That would be Congress, and in particular the Commerce Committee, Chaired by Rep. Al Waxman.
http://hughhewitt.townhall.com/blog/g/3eb0a3bc-051b-4aed-b52a-071a5c0b55e9
I hope for the sake of small enterprise, our economy, our country, and our children, that this can be resolved quickly by our lawmakers. I do not feel that simply inserting a new Chair into the CPSIA, one that may be less inclined to question the CPSIA, is the answer to the fundamental problems of the CPSIA. It certainly won’t help Malcolm Smith.
What will help is swift action by Congress to fix a law that was so poorly written it is turning an entire industry into potential or actual outlaws. This does not make children safer.
Sincerely,
Rob Wilson
Director of Marketing
Challenge & Fun, Inc.
888-384-6200
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