“I could say alternatively that racism by businesses has serious negative externalities in practice and I’m ok with government regulation on those grounds.
A commenter on the thread notes:
Rand Paul will win on REAL ISSUES that are of concern to the voters.
Racism is not an issue in 2010. This is not 1964.
Well, perhaps racism is not an issue in 2010, if you are white and live in Kentucky. If those two stipulations don’t apply, perhaps it is more obvious that racism and the violence that accompanies overt displays of racism are pretty scary prospects.
Perhaps I should restate my argument for clarity. I point out that a transaction between an individual and a business not not just implicate the property rights of the individual and the business. The city or governmental entity that issues a business license on behalf of its citizens has a property right interest in ensuring that business is transacted in ways that do not reflect badly on the community and ensure the public safety.
Hence building codes, health codes, etc. Libertarians rarely challenge building codes or health codes from a philosophical point, but if they want to argue that businesses should be allowed to conduct racist business practices, they should maintain consistency and advocate for the abolition of all ground-level regulations that come with obtaining a business license.