Tom Jenney

AZ I See It

I didn't think I was a criminal.

In part, that's because I go to a Presbyterian church. Presbyterians are some of the mellowest people on the planet. Many of us struggle to clap along to praise music or even say "amen" audibly during services. We have a strong emphasis on doing things "decently and in order," as well as being law-abiding citizens.

But we've been guilty of criminal activity. You see, we occasionally get a little wild and hold potlucks. You know, where people bring food and share it with others. The problem is that holding a church potluck is currently an illegal activity under state law and punishable by fines and jail time.

Potlucks are a 'basic right'

In a ham-handed attempt to promote food safety, the Arizona state government chose several years ago to ban the serving of food unless the premises and vehicles involved were licensed like they would be for commercial use.

The good news is that Reps. Kelly Townsend and Doug Coleman introduced House Bill 2341, which will make non-commercial potlucks legal outside of the workplace.

The Legislature passed the bill almost unanimously, and Gov. Doug Ducey signed the bill in March. Because the bill passed without an emergency clause, potlucks will be legal 90 days after the Legislature adjourns, so Potluck Freedom Day will likely be in early July. (We should throw a potluck to celebrate!)

As Rep. Townsend rightly argued, the right to enjoy a potluck without government intervention is a “basic right.”

This is part of a bigger problem

Unfortunately, Arizona's inadvertent criminalization of unregulated church potlucks is symptomatic of a much wider problem of over regulation by government. Much of that over regulation is aimed at entrepreneurs and professionals: people who are trying to start businesses, create jobs and provide value to consumers.

ROBERTS:A potluck? Don't you know that's illegal?

In a 2012 study, the Institute for Justice, a public-interest law firm, found Arizona to have the fifth most burdensome occupational licensing regime in the country. Those statutes require residents to complete training, pass exams and even pay fees just to work in certain occupations. Looking at 102 professions, the Institute of Justice found that Arizona regulated 64 professions and that the average licensing regime required 599 days of education, $455 in fees and two exams.

Compared with the rest of the country, Arizona's licensing regime is especially onerous in the construction industry. Arizona requires more occupational licensing for work on residential properties than 40 other states.

140 days of training to apply makeup?

Other Arizona professionals subject to onerous licensing requirements include manicurists (140 days of education required), makeup artists (140 days), mobile-home installers (730 days) and school sports coaches (100 days).

Fortunately, things are starting to look a little brighter for potluck lovers — and for would-be entrepreneurs and professionals in Arizona.

Gov. Ducey and the Legislature have not only allowed my congregation to enjoy one of our most delicious Sunday traditions but have also legalized innovative services such as Lyft and Uber, which were previously illegal in Arizona.

There is so. much. more red tape

This session, Rep. Warren Petersen introduced HB 2613, which would eliminate the licensing requirements for professionals such as yoga instructors and citrus-fruit packers, and reduce the onerous regulations for many other industries. Also important was HB 2517, the Goldwater Institute's Right to Earn a Living reform bill, which would require regulatory boards to justify their rules as actual protections of public health and safety and allow more entrepreneurs more freedom to create value for consumers.

We were heartened to see the passage of HB 2613 and hope The Right to Earn a Living legislation will be revisited next session.

When July rolls around and you finally get to enjoy the delicious taste of liberty on Potluck Freedom Day, please remember that Arizona has barely scratched the surface when it comes to knocking down barriers to entrepreneurship. We have a long way to go before we are truly free, and we must keep fighting.

Tom Jenney is the Arizona director for Americans for Prosperity. Email him at TJenney@afphq.org; follow him on Twitter, @TomJenneyAFP.