瑪麗亞向“美國城管”解釋小朱麗的動機卻得不到理會。圍觀的美國市民建議小朱麗改賣為贈送,然後接受捐贈,但還是遭到“美國城管”的阻止,小朱麗只得含淚離開。此事被親眼目睹的市民弗蘭克林以一篇“美國法西斯分子是如何迫害小女孩創業熱情的”文章刊發在網路上,而迅速成為一樁轟動美國的公共事件。為了更“大聲”表達對政府監管泛濫的不滿,弗蘭克林與其他網友們就在Facebook創建了一個“檸檬水起義群”。他們呼籲網友們在該郡8月底的市集上舉行“起義”,全都來無證擺攤,“和你們的家人一起來擺檸檬水攤子吧,不管是薄荷水、還是薰衣草,任何你能想到的都可以。政府會來管的,但我們不會走人,我們要讓整條街區都是檸檬水攤子。”截至2010年8月13日,已經有819名網友承諾會參加“檸檬水起義”。
《新京報》相關報導
最近,“檸檬水女孩”的故事在美國成為不少媒體關注的焦點;這位7歲的俄勒岡州女孩不久前在一個地方集市上售賣檸檬水,但因為沒有衛生執照,被地方衛生管理員驅逐。這名女孩的遭遇引發媒體關注,很多人指責當地管理機構無權將小女孩趕走,稱其扼殺了小女孩的創業熱情。在輿論壓力下,當地地方官親自向這名女孩的母親道歉,並要求衛生管理機構在執行相關法律時倍加謹慎,鼓勵而非阻礙公民創業。
對於絕大多數美國孩子而言,和小夥伴在街邊賣自製的檸檬水、曲奇餅,往往是他們人生最早的“創業”體驗。美國國小的慈善啟蒙教育之一,也是組織學生通過賣檸檬水或零食自籌善款;有人為此還特別開發了一套賣檸檬水的經濟學遊戲,用以模擬這種最初級的創業模式……。俄勒岡州女孩朱麗·墨菲受卡通片啟發,央求媽媽帶自己開個賣檸檬水的小攤。儘管女兒只有7歲,但媽媽還是同意了小朱麗的要求。7月29日,俄勒岡州的摩特諾瑪郡照例舉行每月一次的市集,在媽媽的幫助下,小朱麗開始在一個畫家和一個賣包的攤位中間擺起了飲料攤子。但開張僅僅20分鐘,一名身著制服的管理人員便上前詢問小朱麗母女有沒有衛生許可。根據該州法律,臨時擺攤需要花120美元辦臨時衛生執照,如果拒不收攤就必須繳納500美元罰款。這令朱麗的媽媽十分意外,“我從沒聽說孩子的檸檬水攤也要辦許可證。”但她不願爭辯,打算收拾攤子走人。這時,周圍的攤販聚攏過來,他們認為管理員無權把小女孩趕走。他們建議母女倆向路人贈送檸檬水,同時接受他們的捐款。由於遭到周圍人反對,這名管理人員只得離開。不過,不久後,這名管理員又帶來了一名同事,再次要求兩人撤攤。這時,攤販們越聚越多,紛紛和管理員理論,氣氛開始變得緊張。朱麗的媽媽不願事態升級,乾脆收攤走人。
小朱麗的首次創業就這樣帶著遺憾結束,不過,“撤攤事件”卻沒有因此終結。當時見證了整個事件的商販中,有一名名叫麥可·弗蘭克林的網上“名嘴”,他事後採訪了朱麗的母親,將採訪過程在網上播出。這立即引發美國網民的強烈反響,並很快得到了許多媒體的關注。幾乎所有的聲音都支持小朱麗,網民們紛紛討伐管理員用“官僚主義”扼殺了小女孩的創業熱情。迫於輿論壓力,8月5日,當地最高地方官傑夫·科根親自給朱麗的母親打電話,正式向她道歉。他說:衛生檢查官員是在“照章辦事”,但他們同時也要有“專業的判斷力”,應該給小朱麗一個例外,“我不認為一個7歲小女孩的檸檬水攤子是我們郡面臨的最嚴重健康威脅。”科根後來還要求地方衛生檢查員在執行衛生法規時“倍加謹慎”,因為這部法律是為了促進商業,而非相反。至此,這場檸檬水引發的風波還沒有完結;為了更“大聲”表達對政府監管泛濫的不滿,弗蘭克林與其他網民們就在Facebook創建了一個“檸檬水起義群”。他們呼籲網民們在該郡8月底的市集上舉行“起義”,全都來無證擺攤,“和你們的家人一起來擺檸檬水攤子吧,不管是薄荷水、還是薰衣草,任何你能想到的都可以。政府會來管的,但我們不會走人,我們要讓整條街區都是檸檬水攤子。”截至8月13日,已經有819名網民承諾會參加“檸檬水起義”。他們都不會辦衛生許可,也不會出售檸檬水,而是免費贈送,只接受捐款。……美國7歲女孩的檸檬水攤因沒衛生執照而被驅逐,當地官員在輿論壓力下向她道歉的新聞被報導了該事件後,引來大陸網民的大量留言,而留言中的絕大部份都是對這個小女孩充滿了同情之心,同時引發人們對美國和中國的對比評論,以及對中國和美國制度差異的評價。
一位網民表示:“為什麼我們小時候認為的萬惡的資本主義社會到處都充滿了人情味呢?”另一位網民稱:“看看美國,這就是美國,我們還有臉指責美國這也不好,那也不好嗎?真正做好了自己的事,再說別人如何。自己就是個無賴,還能為別人伸張正義?笑話。”
幸福,來源於奉獻,絕非索取,明白了這個道理,人生豁然開朗!
有網民稱:“在中國能擺小攤嗎,我也想贈送檸檬水,接受捐款。”還有網民稱:“輿論強大啊,美國還是不敢違背。”另外一位網民稱:“咳,這隻有在美國才可能發生。”還有網民表示:“小事件折射大道理,小事件折射大社會。”網民還表示:“這就是美國強大的原因了。”“和諧美國。”……但就在美國民間的網路“名嘴”,就7歲女孩的檸檬水攤因沒衛生執照而被驅逐、他事後採訪小孩母親、將採訪過程在網上播出,引發美國網民的強烈反響,和許多媒體的關注,網民們紛紛批評管理員用“官僚主義”扼殺了小女孩的創業熱情的時候,中國卻幾乎時刻上演比7歲女孩的檸檬水攤因沒衛生執照而被驅逐嚴重千百倍的事情。試舉當時發生在中國南北兩地的城管與公民的衝突事件。
8月3日,江蘇省泰州市發生城管與小販衝突事件,一批外省瓜販因同鄉被多名城管人員圍毆受傷,與城管人員混戰。路上數千民眾群情洶湧,包圍城管人員抗議。當局最後調派數百名防暴公安到場驅散人群,並將涉事者帶走調查。媒體訊息指,一名用三輪車運西瓜的安徽籍瓜販,當日傍晚在泰州市西門橋附近,被城管人員指占道經營,雙方先是口角繼而動武。其他安徽籍瓜販聞訊趕至,發現同鄉已被打致倒臥地上,西瓜亦被打至稀爛,散落一地。途經的民眾也不齒城管所為,包圍涉嫌打人的城管,雙方發生推撞,現場一片混亂。衝突期間部分瓜販被打,雙方引起混戰。至夜晚民眾愈聚愈多,城管人員被數千人包圍。當局後來調派數百名防暴公安到場平息事件。媒體又指泰州市公安局拒絕就衝突事件回應。
8月3日,四川內江市威遠縣連介鎮,城管強行干涉一對夫妻機車停放位置,雙方發生爭執,警察隨後毆打車主至重傷,引發民憤。上萬民眾圍堵派出所兩天多,砸爛推翻數輛警車,砸爛派出所門窗。當局出動上千防暴警察鎮壓,雙方發生衝突,許多學生、兒童被打傷。當日下午,機車夫婦在路邊停車,男方去買水時,城管過來,要把機車開走,女的不從,被城管打得鼻青臉腫。男的回來後與城管理論,也被城管毆打出血,城管隨即開車逃離。夫妻報警,警察來後又暴打男車主致下體受重傷。然而醫院拒絕受傷男子就醫,導致積怨已久的民憤終於大爆發。下午4點多,2千多民眾聚集到鎮派出所,要求他們交出打人的城管警察,組成人牆堵住派出所大門。當局出動全內江市的警力、防暴警察到場,驅散圍觀民眾。民眾奮力還擊,整夜至次日清晨,向警察扔寶特瓶、磚頭,30多警察被打傷,其中包括威遠縣公安局副局長。威遠縣縣長趕到現場,對民眾喊話,卻不能阻止民眾的憤怒,一定要派出所交出打人警察。……有網民將上述暴力衝突事件的訊息、照片在網路上發表,但隨即就被全部刪除。而這個時候,卻是美國摩特諾瑪郡的最高地方官科根親自給7歲“檸檬水女孩”朱麗的母親打電話,正式向她道歉、朱麗的媽媽她女兒都接受道歉時候。而這個時候,也正是美國網民弗蘭克林為了更“大聲”表達對政府監管泛濫的不滿,與其他網民們就在Facebook創建了一個“檸檬水起義群”並已經有數百人參加的時候。他們利用網路公然號召對抗美國政府,並準備上街“擾亂社會秩序”或“尋釁肇事”。但是,他們的網路流暢,沒有人封殺;也沒有因“顛覆政府”、“擾亂社會秩序”或“尋釁肇事”等等“破壞穩定”的罪名被關進監獄;相反,當地政府卻在為了如何應付15000人將要無證擺攤的事情而絞盡腦汁……。
同一個地球同一個時段,幾乎發生同樣的事情,公民的處境和公權力的態度與作為,就是如此的不同。不同的理由,只不過是我們在光明的中國,而他們在黑暗的美國。
相關英文報導
Seven-year-old Julie Murphy of Oregon City still smiles about her enterprise despite running afoul of county inspectors for an unlicensed Lemonade stand at Last Thursday.
It's hardly unusual to hear small-business owners gripe about licensing requirements or complain that heavy-handed regulations are driving them into the red. So when Multnomah County shut down an enterprise last week for operating without a license, you might just Sigh and say, there they go again. Except this entrepreneur was a 7-year-old named Julie Murphy. Her business was a lemonade stand at the Last Thursday monthly art fair in Northeast Portland. The government regulation she violated? failing to get a $120 temporary restaurant license. Turns out that kids' lemonade stands -- those constants of summertime -- are supposed to get a permit in Oregon, particularly at big events that happen to be patrolled regularly by county health inspectors. "I understand the reason behind what they're doing and it's a neighborhood event, and they're trying to generate revenue," said Jon Kawaguchi, environmental health supervisor for the Multnomah County Health Department. "But we still need to put the public's health first." Julie had become enamored of the idea of having a stand after watching an episode of cartoon pig Olivia running one, said her mother, Maria fife. The two live in Oregon City, but Fife knew her daughter would get few customers if she set up her stand at home. Plus, Fife had just attended Last Thursday along Portland's Northeast Alberta Street for the first time and loved the friendly feel and the diversity of the grass-roots event. She put the two things together and promised to take her daughter in July. The girl worked on a sign, coloring in the letters and decorating it with a drawing of a person saying "Yummy." She made a list of supplies. Then, with gallons of bottled water and packets of Kool-Aid, they drove up last Thursday with a friend and her daughter. They loaded a wheelbarrow that Julie steered to the corner of Northeast 26th and Alberta and settled into a space between a painter and a couple who sold handmade bags and kids' clothing. Even before her daughter had finished making the first batch of lemonade, a man walked up to buy a 50-cent cup. "They wanted to support a little 7-year-old to earn a little extra summer loot," she said. "People know what's going on." Even so, Julie was careful about making the lemonade, cleaning her hands with hand sanitizer, using a scoop for the bagged ice and keeping everything covered when it wasn't in use, Fife said. After 20 minutes, a "lady with a clipboard" came over and asked for their license. When Fife explained they didn't have one, the woman told them they would need to leave or possibly face a $500 fine. Surprised, Fife started to pack up. The people staffing the booths next to them encouraged the two to stay, telling them the inspectors had no right to kick them out of the neighborhood gathering. They also suggested that they give away the lemonade and accept donations instead and one of them made an announcement to the crowd to support the lemonade stand. That's when business really picked up -- and two inspectors came back, Fife said. Julie started crying, while her mother packed up and others confronted the inspectors. "It was a very big scene," Fife said. Technically, any lemonade stand -- even one on your front lawn -- must be licensed under state law, said Eric Pippert, the food-borne illness prevention program manager for the state's public health division. But county inspectors are unlikely to go after kids selling lemonade on their front lawn unless, he conceded, their front lawn happens to be on Alberta Street during Last Thursday. "When you go to a public event and set up shop, you're suddenly engaging in commerce," he said. "The fact that you're small-scale I don't think is relevant." Kawaguchi, who oversees the two county inspectors involved, said they must be fair and consistent in their monitoring, no matter the age of the person. "Our role is to protect the public," he said. The county's shutdown of the lemonade stand was publicized by Michael Franklin, the man at the booth next to Fife and her daughter. Franklin contributes to the Bottom Up Radio Network, an online anarchist site, and interviewed Fife for his show. Franklin is also organizing a "Lemonade Revolt" for Last Thursday in August. He's calling on anarchists, neighbors and others to come early for the event and grab space for lemonade stands on Alberta between Northeast 25th and Northeast 26th. As for Julie, the 7-year-old still tells her mother "it was a bad day." When she complains about the health inspector, Fife reminds her that the woman was just doing her job. She also promised to help her try again -- at an upcoming neighborhood garage sale. While Fife said she does see the need for some food safety regulation, she thinks the county went too far in trying to control events as unstructured as Last Thursday. "As far as Last Thursday is concerned, people know when they are coming there that it's more or less a free-for-all," she said. "It's gotten to the point where they need to be in all of our decisions. They don't trust us to make good choices on our own."
後續報導
No need to jack up the price of a glass of lemonade. Turns out kids won't have to shell out $120 for a health permit to run their lemonade stands after all.
Multnomah County's top elected official apologized Thursday for health inspectors who forced a 7-year-old girl to shut down her stand last week because she didn't have a food-safety permit.
Chairman Jeff Cogen also said he has directed county health department workers to use "professional discretion" in doing their jobs.
Inspectors told Julie Murphy and her mother, Maria Fife, to stop selling lemonade at the monthly Last Thursday arts festival in Northeast Portland last week. State law technically requires that even lemonade stands have temporary restaurant licenses, which cost $120 for one day.
Cogen said the inspectors were "following the rule book," but should consider that food-safety laws are aimed at adults engaged in a professional food business, not kids running lemonade stands.
"A lemonade stand is a classic, iconic American kid thing to do," he said. "I don't want to be in the business of shutting that down."
Cogen talked with Fife for five to 10 minutes to apologize.
Fife said she appreciated his apology after the furor and her daughter was happy because "she's starting to see it had some effect."
Fife also said a radio station has offered to sponsor a lemonade stand for Julie.
The mother and her daughter had gone to Last Thursday because it seemed like a fun place for Julie to open her first lemonade stand, said Fife, who lives in Oregon City.
But after 20 minutes of selling lemonade made from their gallon jugs of bottled water and Kool-Aid packets, a health inspector asked for their license. They didn't have one, and the inspector warned them to stop or face up to a $500 fine.
Maria Fife, here with her 7-year-old daughter Julie Murphy, got an apology Thursday from Multnomah County Chairman Jeff Cogen after county health inspectors shut down the girl's stand last week.
Initially, vendors at other booths encouraged them to stay, but the inspector returned with another woman. The crowd surrounded the two inspectors, who felt threatened, Cogen said. Fife and her daughter, who left the street fair crying, packed up and the two inspectors left.
Several people who read about the stand in The Oregonian offered to pay the girl's fee so she can sell lemonade. In addition, one of the Last Thursday vendors is planning a "lemonade revolt" at the festival this month.
Cogen and health department officials said they aren't sure what their response will be if people set up unlicensed lemonade stands, as the protest calls for. Cogen emphasized that his employees' safety is also a top concern for him.
The problem illustrates an ongoing dilemma for the health department -- and other local agencies -- in regulating aspects of Last Thursday, Cogen said.
Unlike other events including the upcoming Bite of Oregon or the Cinco de Mayo festival, the free-form Last Thursday fair along Northeast Alberta Street doesn't have a single organizer who takes charge of signing up vendors. People set up booths on a first-come, first-served basis. They don't have to register for space in advance.
The county health department still needs to monitor the food operations at Last Thursday for public health reasons, said Wendy Lear, director of business services for the county health department. Instead of dealing with a single organizer -- who typically has a list of participating vendors and could provide the basic sanitation and hand-washing facilities -- health inspectors have to check with each vendor.
The festival has grown in scope and in cost to taxpayers. In February, the city said it spends about $10,000 a month in the summer for police, security, barricades and traffic control for Last Thursday. Residents have complained of festival-goers urinating and vomiting in front of their houses and other drunken and rowdy behavior.
City commissioner Amanda Fritz said she and Mayor Sam Adams will present a plan for Last Thursday in the next two weeks. She declined to discuss details, though she noted that vendors at Last Thursday don't pay vendor fees, which she said is "different from any other street fair" in Portland.
She added she believes the health inspectors were right to shut down the lemonade stand.
"When you've got 15,000 people, it's no longer a neighborhood event, it's a regional event," she said. "The county has the responsibility to fairly enforce the rules on permits and food handlers' permits."