Frequently Asked Questions
Q: Exactly what would this law do?
A: This initiative, if passed, would require that all brewed coffee in the City of Berkeley, California be Fair-Trade, shade-grown, or organic. The initiative does not affect sales of ground coffee or beans.
Q: When will the voters decide?
A: November 5, 2002.
Q: I support the goals of SEC-C coffee, but is a law really a good method?
A: Absolutely. This law is not intended to protect the drinker of the coffee; rather, it is meant to protect the environment and help poor coffee farmers. If the effect of a coffee purchase was limited only to the drinker, then the drinker should be able to choose whatever he wishes. But when a consumer makes a purchase that affects other people, those people have a right to step in and limit the sale of that product. When a consumer purchases the “bad” coffee, the consumer contributes to the destruction of everyone’s environment. Look at gasoline, for example. We used to have leaded gas. But when the environmental effects became known and an alternative product became available that caused less damage, unleaded gas, we banned the damaging product. We did not ask consumers to care about the environment; rather, we just banned the destructive product and allowed the alternative. And life goes on just fine. Why allow a damaging product at all when a good alternative is available?
Society uses the law to protect everything that it values. Education and persuasion are a good start, but not everyone will buy the SEC-C coffee. The law is the best way to maximize SEC-C coffee and to minimize the negative effects of coffee production.
Look at the costs and the benefits. Costs: a few less coffee choices. Benefits: more environmental protection and less exploitation of coffee farmers. It seems pretty clear to us. It is not as if people will have to make radical changes in lifestyle. No one is asking people to get out of their SUVs and, heaven forbid, ride a bike. Rather, instead of drinking one particular type of coffee, people will just drink a different, but still great tasting coffee.
Q: Does Rick Young, author of the initiative, have some financial connection to coffee?
A: No, none at all. He does not own a coffee shop, nor is he employed by a certification group. He has no connection to coffee whatsoever, other than he usually drinks two or more cups a day. Rick is a lawyer, and he just decided on his own to do this because he is concerned about the environment and poor coffee farmers.
Q: How would this law be enforced?
A: City business and health inspectors enter shops already. An inspector could enter coffee shop and simply ask to see the bags of coffee from which the shop brews its coffee. Coffee is delivered by the bag from coffee roasters, and the coffee roaster writes what kind of coffee is inside. One quick phone call could confirm that the roaster is really delivering that coffee.
In addition to city enforcement, private citizens can help enforce the coffee law. Under the Business and Professions Code, Section 17200, et seq., anyone can sue any business that is violating the law. And if found liable, the business will be ordered to follow the law and to disgorge any ill-gotten profits. So, if a coffee shop employee told Rick Young, author of the initiative and California attorney, that a coffee shop were not following the coffee law, Rick could sue the shop.
The mere threat of enforcement should convince most shops to follow the law. Consider the consequences if a shop gets caught violating the coffee law. First, the shops faces up to a $100 fine and up to 6 months in jail. Second, can you imagine the media frenzy a violation would create? Reporters would come running asking the violator why they were the first to break the Berkeley coffee law. Third, the shop could get sued and have to give back its ill-gotten gains. Why would a shop take that risk when compliance would be so easy?
Q: If the law passes, will my cup of coffee cost more?
A: Prices vary depending on the variety of coffee one sells, but the cost of a cup of coffee would probably be just pennies more per cup.
Q: Will this hurt businesses?
A: No. There are coffee shops in Berkeley that already sell nothing but Fair-Trade or organic coffee, and they seem to be doing quite well. Peet’s brews some SEC-C coffee. Starbucks sells Fair-Trade and shade-grown beans. People are going to keep drinking coffee even if it goes up in price by a few pennies per cup. The SEC-C coffees taste great.
Q: Has anyone else passed a law on coffee?
A: Not that we know of.
Q: Is this legal?
A: We certainly think so. When Rick was in law school, he researched the issue and wrote a paper on it. Others think it is constitutional as well. Look what the Daily California newspaper reported:
UC Berkeley Professor Jesse Choper, a constitutional law expert at Boalt Hall, said the sale restriction is not a violation of a Constitution clause that bans laws discriminating against other states, as critics have argued. "It is simply a regulation in the name of good coffee," Choper said. "It is a legitimate public interest and a nondiscriminatory business regulation."
If a coffee seller thinks the coffee law is illegal, the seller can sue the City. We wish them luck, and thank them in advance for all the extra publicity.
Q: Do you think the initiative approach will be copied by other cities?
A: It could be. People from around the US have contacted Rick to find out how
to do this in their cities. The initiative approach is not the only way to do
this. A progressive city council could simply pass a law on its own without
using the initiative process.