Regulation Is Bad Karma

As state regulators discover yoga is an "industry," they've rushed in to regulate, and now the yoga "industry" is fighting back. The NYT reports:

Citing laws that govern vocational schools, like those for hairdressers and truck drivers, regulators have begun to require licenses for yoga schools that train instructors, with all the fees, inspections and paperwork that entails. While confrontations have played out differently in different states, threats of shutdowns and fines have, in some cases, been met with accusations of power grabs and religious infringement — disputes that seem far removed from the meditative world yoga calls to mind. . . .

Regulators said licensing the schools would allow states to enforce basic standards and protect customers who usually spend $2,000 to $5,000 on training courses, not to mention provide revenue for cash-starved governments. “If you’re going to start a school and take people’s money, you should play by a set of rules,” said Patrick Sweeney, a Wisconsin licensing official, who believes that in 2004 he was the first to discover the online registry and use it to begin regulating yoga teaching.

It appears from the story that the yogis have won their battle against regulation in New York; in other places, not so much.

cboldt (mail):
Licensing of music instructors would also be lucrative for the state, and wouldn't run into the "religion" buzz-saw.
7.11.2009 8:58am
Soronel Haetir (mail):
I would think this would run into the same sorts of issues as the state trying to declare what qualifies as kosher. Is there actually any basis to think that there is a sole set of yoga practices?

Now, if they were to use general sorts of gym inspection to make sure mats have been cleaned and so on, I think that would be okay.
7.11.2009 9:10am
Baelln1:
"... licensing... to enforce basic standards and protect customers"

_________

"Regulators" themselves should then obviously be personally 'licensed to regulate'.

How can citizens possibly trust unlicensed government "regulators" to closely supervise wide areas of public safety, health, and business... when those many "Regulators" have absolutely no formal training, certification, or professional oversight -- in the complex skills of 'regulating' (??)

Recommend a minimum of 2 years (4,000 course hours) and stringent licensing procedures in Regulation for all government agents engaged in regulating any aspect of the general economy & citizenry.

The new Licensing Board(s) to regulate these professional government regulators would, of course, require much more highly trained & certified personnel.
7.11.2009 9:54am
TomHynes (mail):
In every other case I can think of, it is the established players in the business that push for regulation in order to reduce competition. If the NY Times article is right, this is a case of spontaneous regulation by government agencies.


Just based on economic history, I think the Times article is wrong on the source of the push for regulation.
7.11.2009 10:27am
Cornellian (mail):
I suppose it wouldn't be too much of a stretch to ask them to show some flexibility . . .
7.11.2009 10:44am
Patrick S. O'Donnell (mail) (www):
Much of what passes for yoga in this country is the result of the distortion and commodification of yoga philosophy and praxis (to be sure, often aided and abetted by 'Hindus') and thus is merely what are known as asanas, physical postures and poses that are simply preliminary practices that should be in service of greater goals (and thus serve among the necessary yet not sufficient conditions for yoga qua yoga). In other words, much of it is only nominally religious and at best a species of New Age nonsense.

The word yoga comes from a verbal root which means ‘to yoke' or ‘to unite' (with God or the Self); it entails unswerving commitment and concentration as a meditative discipline that harnesses bodily and psychic energy on behalf of techniques designed to still the mind (the fluctuations of mind-stuff) and finely focus the mental powers of discrimination and concentration. It is a combination of physiological, psychological, and spiritual methods fashioned to alter routine states of consciousness or awareness. Patañjali’s Yoga system, for example, is one of the six āstika (orthodox) darśanas as elaborated in his Yoga Sūtra (3rd to 4th century CE), also known as the ‘Eight-Limbed Yoga’ (astānga-yoga), only one limb of which, the third and ‘outer member’ (āsana), is found in contemporary ‘YMCA’ and ‘classified ads’ yoga (there are all-too-few exceptions to this generalization). The long-term goal of yoga is asamprajñāta-samādhi, a non-conceptual awareness beyond all thought, attribute and description (nirvikalpa). As such a state of awareness becomes more than intermittent, it is capable of eliminating samskāras (karmic predispositions, i.e., it is karmically ‘seedless’).

Classical Yoga largely assumed or took over Sāmkhya metaphysics, sharing many of its basic philosophical presuppositions and assumptions, but most importantly, the aim of disassociating pure consciousness from the mind-body complex (the latter a product of prakrti). Unlike Sāmkhya, however, Yoga introduces a deity essential to contemplation (īśvara-pranidhāna) and a model of the yogi’s ultimate goal, for ‘The Lord is a special [kind of] puruśa, untouched by hindrances, karma, its fruition, and latent-deposits [of karmic actions]’ (Yoga Sūtra 1.24). This is a peculiar deity indeed, for the Lord does not create the universe, remaining an utterly transcendent deity never in touch with the world (thus completely set apart from the manifestations of prakrti). Yoga in a broader sense can be gleaned from the discussions in the Bhagavad Gītā of bhakti-, karma-, and jñāna-yoga.
7.11.2009 10:45am
Desiderius:
Patrick S. O'Donnell,

"‘to yoke' or ‘to unite' (with God or the Self)"

And our friendly neighborhood revenuers regulators are just extending the concept to the State. What's not to like? It's the new American way...

Wiseguys vs. wisemen.
7.11.2009 11:20am
LarryA (mail) (www):
I would think this would run into the same sorts of issues as the state trying to declare what qualifies as kosher. Is there actually any basis to think that there is a sole set of yoga practices?
Absolutely. There are three:
1. They have paid the licensing fee.
2. They have filed all the proper forms and posted the notice stating they have paid their licensing fee.
3. They have treated the inspector with the proper levels of obsequiousness and cash.
In every other case I can think of, it is the established players in the business that push for regulation in order to reduce competition. If the NY Times article is right, this is a case of spontaneous regulation by government agencies.
Just based on economic history, I think the Times article is wrong on the source of the push for regulation.
Or we’ve just gotten to the point where the presumption is that everything should be regulated.

The agencies are looking for cash.
7.11.2009 11:20am
one of many:
next up, other forms of instruction. don't send you son to an Hebrew instructor who hasn't been approved by the state.
7.11.2009 11:55am
neurodoc:
It isn't hard to rationalize regulating the practice of medicine and law. But what pray tell are the harms that regulation of yoga instruction might prevent? What standards would the regulators impose? If yoga is something to be regulated, then what couldn't be, including truly spooky/quack stuff like reflexology and iridology, and what standards to be enforced for them?
7.11.2009 12:00pm
neurodoc:
don't send you son or daughter to an Hebrew instructor who hasn't been approved by the state.
We can't allow implicitly sexist expressions. :)
7.11.2009 12:02pm
ChrisTS (mail):
I think numerologists should be licensed. In fact, I think they should have, at a mimimum, Masters degrees in mathematics. Just think of the harm that miscalculations could do to the unsuspecting customer.
7.11.2009 12:06pm
ChrisTS (mail):
By the way, thanks to Patrick S. O'Donnell for that very interesting comment.
7.11.2009 12:08pm
glangston (mail):
Reasonable regulation. Perhaps we should abandon this low level intrusion into everyday life and let some things self regulate. One way or the other lawyers will still get some business.
7.11.2009 12:27pm
PersonFromPorlock:
ChrisTS:

I think numerologists should be licensed. In fact, I think they should have, at a mimimum, Masters degrees in mathematics.

Nope. Economics.
7.11.2009 12:36pm
Jaldhar:
Patrick,

That's a good description of the classical dualist Samkhya/Yoga.

I wouldn't say Yoga took over the Samkhya metaphysics. Rather both are specific formulations of a more general conceptual framework. The analogy I like to give is that the USA is a democracy and has a political party called Democrats but all "small-d" democrats are not "capital-D" Democrats. Samkhya and Yoga both took ideas from sources like the Bhagavadgita but that doesn't make the Gita a Yogic work anymore than the Constitution is a Democratic work. A long long time ago Samkhya and Yoga ceased to exist as seperate ideologies even though they are still numbered amongst the traditional astika 6. They were absorbed into Vedanta (particularly the non-dualistic Advaita kind) which also sprang from the same sources albeit interpreting them in a markedly different way. It is this reinterpreted Vedantic Yoga which we know as Yoga today.
If Samkhya is atheistic and Classical Yoga is Deist, Vedanta is theistic by any definition of the term.

But as you pointed out most of the "yoga" classes out there don't care about this stuff any way so it is difficult for me to see how they could turn around claim freedom of religion to avoid licensing. In fact I am in favor of it. Some of those yogic exercises can be physically dangerous and knowing the person who broke my bones is "cosmically aligned" is of scant comfort.
7.11.2009 3:10pm
prosa123 (mail) (www):
Strange but true: the big fear of Asian massage parlor workers in New York State is that if raided they'll be charged with practicing massage therapy without a license, which is a felony. They'd much prefer to be charged with prostitution, which is just a misdemeanor.
7.11.2009 3:24pm
NickM (mail) (www):
Cornellian wins the thread.

I'm waiting for professional licensing and regulation of astrology and fortune-telling.

Nick
7.11.2009 3:39pm
Chuck (mail):
Is there a limit to states claiming the ability to regulate human interaction? Justice Thomas referred to the Commerce Clause and "...Bake sales, quilting bees, and lemonade stands..." potentially coming under federal purview in a dissenting opinion. Ok, keep the Feds out of it, but what then limits the State?

I want to hold a class on making balloon animals -- gardening tips -- making boats in a bottle. And the state says... ?
7.11.2009 8:43pm
theobromophile (www):
Isn't this a bit like regulating any method of instruction? Why not regulate private school teachers? math tutors? Kaplan and Princeton Review's teacher training? the Starbucks employee who trains baristas?
7.11.2009 9:41pm
Desiderius:
neurodoc,

"If yoga is something to be regulated, then what couldn't be, including truly spooky/quack stuff like reflexology and iridology, and what standards to be enforced for them?"

blogging?
7.11.2009 11:51pm
ReaderY:
I think there's a serious question whether yoga is simply a commercial fitness regimen or a religious practice. Clearly there are people who are doing both, and clearly it began as a religious practice.

Perhaps the state should give people a choice as to which way they want to go. Perhaps yoga studios connected with an ashram or operating as religious entities should be unregulated religious practice, while those which choose to disconnect themselves from yoga's religious origins and offer a purely secular product should be subject to state regulation. Perhaps ordinary yoga studios should, at the least, be required to state clearly which kind they are.
7.12.2009 2:39am
ReaderY:
There's a rational safety argument for regulation in the commercial context. In the more strenuous forms of yoga people can get themselves into accidents, and some minimal training and appropriate physicial space to ensure safety easily meets rational basis analysis.
7.12.2009 2:45am
ReaderY:
Regulation does not necessarily have to focus on whether a studio is providing a pure or correct version of yogic practice. It could be focused on things like how far apart mats are spaced, maximum room capacity, whether there are first aid supplies and the staff has had first aid training, whether staff is able to recognize and whether it checks for and addresses certain medical conditions that might be problematic and enhance risks, and similar.
7.12.2009 9:47pm
Seamus (mail):

Isn't this a bit like regulating any method of instruction? Why not regulate private school teachers? math tutors? Kaplan and Princeton Review's teacher training? the Starbucks employee who trains baristas?



You say that like that's a bad thing. What, you want to leave the consumer at the mercy of businesses that are driven by profit rather than by the public interest?
7.14.2009 1:01pm

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