by serbuvlad | 2025-09-26 07:08:13+00:00
First of all, I think that this instinct to fine-'em, screw-'em, etc. is profoundly authoritarian. It is extremely important for a civil society not only that predictable laws are put into place, but also that predictable enforcement of those laws exist. I jaywalk almost every day. I understand that if a cop sees me jaywalk, he will fine me. I also understand that if the cop wants to put me in jail for jaywalking, he cannot do that, and the law would be on my side. On my side, me, the offender.

The reason is that the law not only specifies what people should do what is allowed and isn't allowed, but also what the penalties are for breaking the law. A law stating "People are required to do X" or "People are forbidden from doing Y", without any penalties specified is not worth the paper it is written on and cannot be enforced in any way (at least that's how it works in my jurisdiction, Romania).

And that is all very well, and how it should be, in a law-based state.

Secondly, in this case, this is an act of the executive branch. Specifically it is an executive branch attempting to terminate a contract with the company. It is not a company attempting to spy on private citizens by installing cameras against the law. It is a company attempting not to be ousted out of a contract with the government.

"The law", in spite of what cop movies might have you believe, is not the executive branch, but the legislature. And private citizens and private corporations are simply not required to follow the orders of the executive, unless the executive has a piece of paper signed off by the legislature which states that the executive has a right to issue the order. In much simpler terms, citizens and corporations are only required to follow legal orders and are not required to follow illegal orders, given by the executive. Who decides what is legal? The judiciary.

This is what it means to live in a society with a separation of powers.

> The city intends to terminate the contract on Sept. 26 under its notice to Flock, but the company is challenging that termination, and the dispute could escalate to litigation.

A cease-and-desist by the executive is not a law. The corporation's opinion is that the contract termination is illegal. And therefore that the cease-and-desist is illegal. Perhaps they're right. Perhaps they're wrong. But they have the right to bring the thing to trail.

"Well maybe they have the right to bring the thing to trail, but until the trail is ruled in their case, they should follow the orders of the executive.", I hear the objection.

Not at all. If they are wrong, they will be punished for not following the orders, including every extra day that the cameras stay up. But if they are right, they cannot be made to follow an illegal order, at any point.

"So the executive cannot do anything to get those cameras down until the trail is solved?"

Not at all. They can get, either as part of the trail, or outside of it, a court order, to get those cameras down. Not following a court order is actually something that can get you arrested, etc. and I doubt any business would risk that. But that means the judge must decide that it is in the community's best interest for those cameras to be down, instead of up, during the trail proceedings. And he may not decide that. He may decide the opposite, or that it doesn't matter.

Again, the system being fair and working as intended. Not the executive doing whatever it wants.