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Halt the hypocrisy of scalping laws(Boston Herald)

5/24/2007

Contrary to what some would have us believe, there is nothing embedded in the Constitution that guarantees us the right to tickets to a Red Sox game or U2 concert. Concerned that illegal scalping is driving ticket prices beyond the average person’s reach, supporters of regulating the ticket resale market want the state to breathe life back into its antiquated anti-scalping law and to begin enforcing even stricter regulations. But if someone is fool enough spend $500 for a ticket to a Red Sox game against the Yankees, what business is it of the state? In theory, state law currently limits an individual to charging $2 above face value when reselling a ticket. In practice, the big brokers use handling and service fees and all manner of other creative methods to get around that limitation. And the only people who get clipped are the dopes who sell tickets on the street.

A slew of bills have been filed on Beacon Hill related to the scalping laws, including bills that would increase - but still cap - the amount an individual may charge. Meanwhile, the rest of the country is moving to deregulate ticket pricing. Clearly they’ve realized that if an individual is willing to put up a week’s pay to see Dice-K or Tom Brady in action, they may be obsessed, but they’re not violating anyone’s rights. It’s regrettable, absolutely, that a night at the Fens has grown out of reach for most non-millionaire families. But a little thing called supply and demand has made it so. Meanwhile, if the state wants to require licensing and take steps to prevent fraud, so be it. But it has no more business capping the price of tickets to the Sox or the Pats than it does for a second-hand sofa or a car.