[HN Gopher] Tesla opens a center on Native American land, sellin...
       ___________________________________________________________________
        
       Tesla opens a center on Native American land, selling cars straight
       to consumers
        
       Author : nixass
       Score  : 118 points
       Date   : 2021-09-13 19:24 UTC (3 hours ago)
        
 (HTM) web link (www.businessinsider.com)
 (TXT) w3m dump (www.businessinsider.com)
        
       | ilamont wrote:
       | If Tesla can activate their own showrooms in more reservations
       | across the U.S. and drive a stake through the heart of third-
       | party dealerships, that's a positive development.
       | 
       | I hope that Tesla (and other auto manufacturers) can go one step
       | further and provide lasting, meaningful employment and other
       | opportunities to local residents in the reservations. Casinos
       | often fail or extract exploitative concessions and demands on
       | local tribes.
        
         | protomyth wrote:
         | The one problem is many reservations are nowhere near cities.
         | The federal government tended to want to put Native Americans
         | on land away from the settlers.
         | 
         | The other problem is how the tribe implemented its TERO (Tribal
         | Employment Rights Ordinance or Office) rules. They can often be
         | particularly odious to business ventures on the reservation.
        
         | MomoXenosaga wrote:
         | Yes but thanks to Andrew Jackson most reservations are in the
         | flyover states in the middle of nowhere far away from the big
         | metro areas. So I'm not sure if it will matter much.
         | 
         | I hazard a guess that Tesla's are sold on the East and West
         | coast.
        
           | stumpedonalog wrote:
           | Hmm... the Salt River reservation is nearly downtown Phoenix.
           | It covers like a fourth of the metro area.
        
           | perl4ever wrote:
           | https://en.wikipedia.org/wiki/Shinnecock_Reservation
           | 
           | I think there are multiple reservations in San Diego County.
           | e.g. https://en.wikipedia.org/wiki/Pala_Indian_Reservation, h
           | ttps://en.wikipedia.org/wiki/Rincon_Band_of_Luise%C3%B1o_In..
           | .
           | 
           | There are also reservations in Riverside Country - isn't that
           | close to LA? e.g. https://en.wikipedia.org/wiki/Agua_Caliente
           | _Band_of_Cahuilla...
        
             | pengaru wrote:
             | There's a small res casino practically inside Joshua Tree
             | National Park at 29 Palms.
        
               | JaggedJax wrote:
               | With a Tesla Supercharger at it!
        
           | ethagknight wrote:
           | This is wrong, reservations or tribals lands are sometimes
           | within the greater MSA of some cities or otherwise adjacent
           | to populous areas, (Tulsa is the most prominent example,
           | Kansas City, south Florida Miami area, Mobile AL, Charlotte
           | NC to list a few). In the context of the dealership laws,
           | these are significant exceptions.
           | 
           | Of the 10 states with outright bans on manufacturer sales,
           | all but Texas and West Virginia have tribal lands that
           | theoretically could be used as a helpful loophole to this
           | protectionism. Maybe not always Tesla's the first choice of
           | location, but a 50 mi drive beats a 300 mile drive, and
           | sufficient to break the teeth of these laws.
           | 
           | Please dont be dismissive of "flyover states." The lack of
           | dealerships and service centers certainly impairs the sales
           | process, and then California's extremely generous (and
           | unnecessary?) EV incentive gives many people from other
           | states an incentive jump through some hoops and papering to
           | purchase and title their vehicle there.
        
         | rootusrootus wrote:
         | > drive a stake through the heart of third-party dealerships,
         | that's a positive development.
         | 
         | For Tesla to kill third-party dealers, they'd have to do
         | everything third-party dealers do, and then they'd be
         | indistinguishable from third-party dealers.
         | 
         | It's fashionable to think Tesla has the Better Way and that
         | auto dealers are universally bad, but consumers largely don't
         | agree.
        
           | devnulll wrote:
           | I'm probably in the Minority here, but I prefer the
           | franchised dealer model over Tesla's for 2 reasons:
           | 
           | 1. When I've a Tesla problem, they simply don't respond. They
           | don't answer emails. They don't answer the phone. They don't
           | return calls. It's literally impossible to remedy a problem.
           | It took 6 months of unbelievable frustration to resolve an
           | obviously incorrect lease issue ("You owe X.", "No, I already
           | paid. Here are the receipts."). This same issue with a BMW,
           | Porsche, or Lexus is resolved in 2 minutes in a normal model.
           | 
           | 2. The franchise model - at a maco level - keeps more money
           | locally. I like money staying local, seeing kids sports teams
           | sponsored by Bob's Ford, and generally support anything that
           | promotes a broader distribution of wealth. The extraction of
           | wealth out of a community and simply concentrated up to the
           | already mega-wealthy disturbing. This is Standard Oil putting
           | local gas stations out of business by price dumping, only to
           | later swoop in unchallenged.
        
           | yupper32 wrote:
           | > It's fashionable to think Tesla has the Better Way and that
           | auto dealers are universally bad, but consumers largely don't
           | agree.
           | 
           | There wouldn't need to be laws restricting Tesla from selling
           | direct to consumer if that was the case.
           | 
           | Let the consumer decide what they want.
        
             | Splendor wrote:
             | > There wouldn't need to be laws restricting Tesla from
             | selling direct to consumer if that was the case.
             | 
             | That's just not true. Consumers wouldn't have a choice if
             | an automaker was allowed to make their new vehicles only
             | available from a direct showroom.
        
               | oh_sigh wrote:
               | They would have a choice of buying one of the numerous
               | other car brands out there.
               | 
               | I don't have a choice when it comes to buying a tesla -
               | am I losing out as a consumer?
        
               | yupper32 wrote:
               | Sorry what value does a third party showroom provide that
               | a direct showroom wouldn't?
               | 
               | And currently car companies compete with each other. If
               | one saw third party showrooms as something the consumer
               | wants, then they would continue doing it to compete.
        
         | URSpider94 wrote:
         | They don't have to do this in most states. Only a few states
         | have laws against selling cars factory-direct.
        
           | lotsofpulp wrote:
           | https://finance.yahoo.com/news/cant-buy-tesla-
           | states-1613182...
           | 
           | As of Oct 2018.
           | 
           | >Where Tesla is banned
           | 
           | >Here are those states: Alabama, Arkansas, Connecticut, Iowa,
           | Kansas, Kentucky, Louisiana, Michigan, Montana, Nebraska, New
           | Mexico, North Dakota, Oklahoma, South Carolina, South Dakota,
           | and Texas.
           | 
           | >Then there are nine states that limit the number of
           | dealerships Tesla can open: Colorado (limit: one), North
           | Carolina (one), Virginia (two), Georgia (five), Maryland
           | (four), New Jersey (four), New York (five), Ohio (three),
           | Pennsylvania (five).
        
             | KingMachiavelli wrote:
             | In Colorado there is no limit as of 2020 for Tesla. Any EV-
             | only manufacture is allowed to direct sell in CO.
        
             | delecti wrote:
             | If my count is correct, that's a full half of states in
             | total. And the states in the second group are all large
             | enough that it's a meaningful limit to be only allowed a
             | handful. For comparison, there are 7 Toyota dealerships
             | just between the Denver and Boulder Colorado areas (using
             | their "find a dealer" tool makes it hard to be more
             | thorough than that).
        
             | jillesvangurp wrote:
             | I'm guessing the Texas situation might change given how
             | much Tesla and SpaceX are investing in Texas right now.
        
       | alasdair_ wrote:
       | New laws and loopholes and being created for car dealerships even
       | today. For example, WA state has a new Capital Gains tax of 7%
       | that applies to almost every gain in the state except for
       | personal homes and... car dealership sales.
        
       | ur-whale wrote:
       | This is really nice.
       | 
       | And more generally speaking, having much smaller states where you
       | could drive 10mn to the state next door to do things your own is
       | too dumb or too corrupt to let happen is a fantastic idea.
       | 
       | Competition FTW !
        
         | awolnikowski wrote:
         | That's basically New England; in college we would make the
         | short drive from Connecticut to Massachusetts for legal weed
         | all the time!
        
       | wellthisisgreat wrote:
       | What is the charitable excuse for the law that enforces the use
       | of third-party car dealerships?
       | 
       | Something about avoiding monopolies?
        
         | RC_ITR wrote:
         | I mean this is very Anti-HN zeitgeist, but it's a way to
         | preserve easily accessible middle class jobs and prevent local
         | profit pools from accruing to corporations headquartered
         | elsewhere.
         | 
         | From a consumer perspective it reduces welfare (like most
         | worker protections do), but similar to real estate agents, car
         | dealerships are very active in lobbying local governments (in
         | part b/c the amount of jobs they 'create').
        
           | mensetmanusman wrote:
           | For every $500k we spend subsidizing dealers (according to
           | economic studies), we waste resources that could be used to
           | grow the middle class.
        
           | KoftaBob wrote:
           | > a way to preserve easily accessible middle class jobs
           | 
           | Wouldn't direct sales locations/showrooms operated by the
           | manufacturers still need to hire salespeople, as well as
           | automotive technicians to do the maintenance?
           | 
           | It seems that the jobs wouldn't necessarily be affected, the
           | owners of the dealerships are the ones who would lose out on
           | revenue.
        
           | coredog64 wrote:
           | Not just jobs, but also sales tax revenue. Cities have their
           | own sales taxes and/or get a cut of the overall take. Better
           | to have that come from a local business to maximize your
           | take.
        
         | janderson215 wrote:
         | It's an outdated law (IMO) meant to protect car dealerships
         | from manufacturers opening up dealerships down the road and
         | undercutting them.
         | 
         | I think it's similar to the law preventing movie studios from
         | opening theaters.
        
           | belltaco wrote:
           | That plus heavy lobbying and donations by car dealerships
           | making a lot of money. Electric cars are also bad for their
           | fat profit margins on service for ICE cars.
        
           | lotsofpulp wrote:
           | https://en.wikipedia.org/wiki/United_States_v._Paramount_Pic.
           | ...
           | 
           | The "Paramount Decree" is lifted as of Aug 7, 2020 with a 2
           | year sunset period, so as of Aug 7, 2022, there is no law
           | preventing studios from owning theaters.
        
           | PaulDavisThe1st wrote:
           | In what sense is it outdated? What has changed that means
           | that it used to be relevant, and now no longer is?
        
             | trey-jones wrote:
             | Maybe only perspective. In my view, car manufacturers
             | should be competing with other car manufacturers, rather
             | than independently operated dealerships. If a dealership
             | provides a value to consumers then it should survive. If
             | not, then the consumers are better off without them.
             | 
             | At the very least, I would like the _option_ to buy
             | directly, since I probably don 't use the services provided
             | by the dealership anyway.
        
             | jsight wrote:
             | If I wanted the status quo, I'd argue that dealers have
             | gained enough power to accomplish the same thing without
             | state laws. Look at what happened when US manufacturers
             | tried to decrease the number of dealerships for an example.
             | They fought it out with a barrage of lawsuits and the
             | efforts were only really minimally successful.
             | 
             | Its really unlikely that existing brands would be able to
             | change at this point, at least the US brands.
        
             | janderson215 wrote:
             | Emphasizing that it is my opinion, I think it's easier to
             | reach consumers directly. I haven't researched the history
             | of car dealerships, but I'm guessing (dangerous) that they
             | came into existence because the locals knew the local
             | market better. Now that they exist, they need to be
             | protected to prevent too much unemployment too fast in
             | local job markets. Anecdotal, but I haven't heard people
             | talking about the wonderful experience they recently had at
             | their car dealership. I think some of that comes from legal
             | protections and getting comfy.
        
               | rkk3 wrote:
               | and selling the exact same product to consumers for
               | widely different amounts.
        
           | reacharavindh wrote:
           | Suddenly Movie studios:theaters::Apple:AppStore comes to
           | mind.
        
             | mschuster91 wrote:
             | The most interesting part re/ movie studios is Disney. I
             | seriously wonder when someone finally brings down the
             | hammer on them... they own the production companies, the
             | studios, the after-market entetainment (Disney World) and
             | _so many_ franchises that they can outright extort cinema
             | owners to licensing terms that are _extremely_ favorable
             | towards Disney.
             | 
             | MCU, Star Wars, Avatar... get blocked from showing them as
             | a cinema owner and you can close shop. Especially with how
             | many new films the MCU alone will bring up over the next
             | years.
        
               | lotsofpulp wrote:
               | >I seriously wonder when someone finally brings down the
               | hammer on them
               | 
               | Probably not anytime soon, since in less than a year,
               | they will be able to own the cinemas.
        
         | throwaway894345 wrote:
         | I don't know why this is downvoted. I'm similarly confused. I'm
         | guessing it's less about avoiding monopolies and more about
         | making sure more of the money stays in the state, but I'm just
         | speculating.
        
           | djrogers wrote:
           | There's very little (if any) income at a dealership that
           | couldn't be captured by a state with the right tax structure,
           | and that would apply to a manufacturer owned dealership just
           | as much as a private one.
           | 
           | It seems like the only person really losing in that scenario
           | would be the dealership owner, which explains why they lobby
           | so heavily to keep those laws in place.
        
           | lotsofpulp wrote:
           | > it's less about avoiding monopolies and more about making
           | sure more of the money stays in the state, but I'm just
           | speculating.
           | 
           | If that was the goal, then the state government should have
           | opened their own dealerships and distributed the profits
           | amongst the state's residents. Or better yet, simply operated
           | the dealership at break even.
        
             | colinmhayes wrote:
             | Americans generally don't like the government running
             | things that aren't natural monopolies.
        
         | URSpider94 wrote:
         | Car manufacturers contracted with car dealers back when the car
         | business was uncertain - they needed a local dealer network to
         | sell and service their cars. Once dealers were established,
         | they lobbied to get laws in place to prevent them from being
         | disintermediated by the manufacturers, who could have easily
         | just put them out of business and replaced them with
         | manufacturer-owned stores.
         | 
         | Not a great reason ...
        
       | fnord77 wrote:
       | > He told The New Mexican that the state's auto dealers had
       | "absolutely opposed" the legislation. The bill ultimately fell
       | through.
        
       | ethagknight wrote:
       | Like Ford did in Mexico with the Transit Connect import tariff
       | circumvention, makes me wonder if Tesla built a "factory" on
       | tribal lands to circumvent the 200,000 EV federal tax credit
       | limit as a separate manufacturer that licensed the technology and
       | bought the parts from Tesla, Inc, and did some "final assembly"
       | nonsense like put the rear seats in.
       | 
       | https://en.wikipedia.org/wiki/Ford_Transit_Connect#Tariff_ci...
        
         | adolph wrote:
         | Do you mean to refer to the Turkish Transits imported as
         | passenger vehicles and converted to cargo use? The move to
         | Mexico would bring them in alignment with tariffs to directly
         | import cargo vehicles.
         | 
         |  _The next-generation Transit Connect, due for the 2022 model
         | year, will be fully assembled for North America in Mexico at
         | Hermosillo Stamping and Assembly. Like all future Ford products
         | built in Mexico, it will comply with the 75% US /Canada/Mexico
         | content rule of the new USMCA trade deal set to take effect in
         | 2020._
        
         | Ichthypresbyter wrote:
         | The chicken tax (the tariff in question) is also why the Subaru
         | BRAT had those ridiculous seats in the bed.
         | 
         | https://en.wikipedia.org/wiki/Subaru_BRAT#Jumpseats
        
       | mrfusion wrote:
       | Anyone know why this isn't a loophole for all kinds of laws?
       | They're basically their own countries right?
        
         | babypuncher wrote:
         | It is a loophole for lots of laws. Casinos are huge on
         | reservations in states where gambling isn't illegal. There have
         | also been many notable cases of shady payday loan companies
         | moving onto reservations to escape regulations on interest
         | rates and other fair practices around lending.
        
         | gamblor956 wrote:
         | Cars purchased on a reservation generally don't qualify for
         | state EV incentives. Reservations are sovereign to a degree but
         | are not their own countries; they are still subject to federal
         | laws so they are essentially equal to states (see
         | https://www.bia.gov/frequently-asked-questions). If
         | reservations were were their own countries buyers would have to
         | pay import duties if they took items purchased on reservation
         | land off reservation lands.
         | 
         | As for the eligibility guidelines, see CA's guidelines:
         | https://cleanvehiclerebate.org/eng/eligibility-guidelines
        
           | PaulDavisThe1st wrote:
           | > Cars purchased on a reservation generally don't qualify for
           | state EV incentives.
           | 
           | Citation? Are you also claiming that if i live in NM but buy
           | my Tesla from CA, there's also no state EV incentive?
        
             | gamblor956 wrote:
             | Yes, because state EV incentives are limited to state
             | residents.
             | 
             | See, for example, from CA's EV incentives page:
             | https://cleanvehiclerebate.org/eng/requirements/919, or the
             | more readable version:
             | https://cleanvehiclerebate.org/eng/eligibility-guidelines
        
               | jvanderbot wrote:
               | So, selling to non-state residents won't provide an
               | incentive to the buyer, but buying from non-state
               | residents would?
               | 
               | I can buy my car from a foreign person and still receive
               | incentives because I live in a state that offers them?
               | This has little to do with selling cars on tribal lands
               | if so.
        
         | vmception wrote:
         | There are 500+ Of these distinct microstates in the US which
         | aren't even on any map.
         | 
         | They all have their own separate case law, legal structure,
         | processes.
         | 
         | There is no chronicling or comparison of any of this.
         | 
         | Current Indigenous people recognition suffers from
         | overinclusivity, grouping many distinct cultures as one - which
         | has been necessary for representation but is counterproductive
         | in many ways. (For example, do _all_ headdress wearing tribes
         | care about who wears a headdress, how do you know _one_ didnt
         | create a licensing system specifically sanctioning random
         | people wearing it for whatever reason, if they did sanction it
         | are they the proper authority to sanction it, should a century
         | long squabble between _two_ tribes over this issue matter to
         | us? These are the kind of nuanced questions that aren't being
         | asked)
         | 
         | The infrastructure is very low in practically all.
         | 
         | It doesn't have to be.
         | 
         | Each one has to be approached distinctively.
         | 
         | There is much that has never been challenged.
         | 
         | There is no specific reason. Although there is a shared general
         | distrust of those who look like the people in the majority.
        
           | theandrewbailey wrote:
           | > There are 500+ Of these distinct microstates in the US
           | which aren't even on any map.
           | 
           | There are approximately 326 Indian land areas in the U.S.
           | administered as federal Indian reservations [0]
           | 
           | https://biamaps.doi.gov/indianlands/
           | 
           | https://www.bia.gov/sites/bia.gov/files/assets/public/webtea.
           | ..
           | 
           | [0] https://www.bia.gov/frequently-asked-questions
        
             | vmception wrote:
             | Thanks yes that would more accurately convey the semi-
             | sovereignty available
             | 
             | There are more tribes still seeking this
        
         | IncRnd wrote:
         | They are sovereign nations, but often use a state compact. This
         | "loophole" exists because of what was done to Native Americans.
        
         | dougmwne wrote:
         | It's highly complex. Tribal governments function sort of like
         | limited U.S. states. Generally, federal law applies, but not
         | the hosting U.S. state.
        
         | fnord77 wrote:
         | tax free tobacco, fireworks and gambling are what I have seen
        
         | dragonwriter wrote:
         | > They're basically their own countries right?
         | 
         | No. While they have their own laws subject to US federal law,
         | that law has limited authority over non-Indians, especially on
         | non-Indian owned property, on Indian reservations.
        
         | protomyth wrote:
         | No, sometimes, and yes. Its really a complicated relationship.
         | To give a specific example, look at all the things in a police
         | stop according to the latest SCOTUS ruling
         | https://www.scotusblog.com/2021/06/affirmation-of-inherent-t...
         | 
         | The reservations answer to the Feds and have compacts with the
         | states. Tribal sovereignty is complicated.
        
         | HideousKojima wrote:
         | It already is for gambling laws, obviously.
        
           | protomyth wrote:
           | Well, not exactly. They are absolutely ruled by the Feds, and
           | each tribe has a compact with the state that determines what
           | kind of gambling can be done. As an example see
           | https://500nations.com/Montana_Casinos.asp
        
         | klyrs wrote:
         | Year-round fireworks stands are another common one
        
         | jandrese wrote:
         | It is, but in order to exploit the situation you have to get
         | the tribal council on your side. So you can't set up a brothel
         | on tribal lands because the tribe won't allow it.
        
           | stevehawk wrote:
           | ... because it isn't profitable enough?
        
             | cco wrote:
             | I can only speak to weed, but the tribal reservation that I
             | was on would not allow weed production for a couple
             | reasons, one is that they receive quite a lot of federal
             | funds and assistance, importantly they let the DEA run drug
             | enforcement/stings, and the tribe doesn't want to rock the
             | boat unless there is a very clear and well supported
             | upside.
             | 
             | Not everyone in the tribe would be supportive, i.e. it
             | would be a political risk. You would probably generate some
             | tax revenue, but especially in the early days (in Oregon),
             | it wasn't clear how much you'd make, whether banks would
             | support you, whether the DEA would get angry about
             | "interstate" commerce, regardless of their actual
             | jurisdiction etc.
             | 
             | So their answer was, at the time no, you cannot grow weed
             | commercially even though there wasn't really anything
             | stopping them at that point. However they, and many other
             | tribes, operate casinos(against the law in their state) and
             | sell fireworks, potentially against state law or city
             | ordinance; the latter because the ATF doesn't care, and the
             | former because it represents over 80% of the tax revenue of
             | the tribe and there is a history already built there
             | between regulators and the tribe.
        
       | pugets wrote:
       | I think I understand the motivation for having a law prohibiting
       | auto makers from selling straight to consumers. I'm sure it has
       | more to do with money than ethics.
       | 
       | My question: Why autos, but not other consumer goods? Should I be
       | restricted from buying an iPhone from an Apple store, rather than
       | Greg's Phone Emporium?
        
         | Zigurd wrote:
         | Regulations on various types of alcohol distribution are pretty
         | interesting, too. https://en.wikipedia.org/wiki/Three-
         | tier_system_(alcohol_dis...
        
         | xGrill wrote:
         | The biggest reason has to with cost. The average consumer does
         | not need to take out a loan to buy a phone, but most do for
         | cars. Cars are seen as a large investment that needs added
         | protection, and instead of doing it at the auto manufacturer
         | level, they added dealerships to serve as middlemen to bargain
         | with auto makers on your behalf.
        
         | KingMachiavelli wrote:
         | Back in the day, a vehicle was a pretty big purchase so you
         | wanted to know that you could get service & maintenance
         | throughout the life of the vehicle. If the dealership is
         | nothing more than a front for the manufacturer then they might
         | move the store if business is slow, etc. Forcing the use of
         | franchised stores meant that the dealerships are owned
         | (always?) by local people so they can't just move away.
         | 
         | Now days other laws pretty much make this a non-issue although
         | you could argue that the repair/service process for Tesla's is
         | exactly what these laws were intended to prevent; who would
         | want to own a Tesla dealership if you can't get the parts to
         | fix your customers's cars? e.g. Your son's basketball coach is
         | going to keep calling until you get his car fixed.
         | 
         | In your example, you would be restricted to buying from Greg's
         | Phone Emporium because Greg is thought to care more about
         | repairing your phone than Apple.
         | 
         | Edit: The biggest issue with the current dealership system is
         | that it, of course, just evolved into rent seeking and over-
         | complicated purchase process. The auto companies have systems
         | to make sure dealers sell cars no matter what and the
         | dealerships have ways of extracting extra profit from their
         | customers.
        
         | fred_is_fred wrote:
         | It's very clear - because Greg's Phone Emporium does not hold
         | local political power like car dealers do. They excel at it.
        
       | injb wrote:
       | How weird it is that " _Company Finds Legal Loophole That Allows
       | Them to Sell Things To People_ " is news!
        
         | ethagknight wrote:
         | Its an interesting and creative strategy to a law from a bygone
         | era currently abused to keep Tesla out of the market. Not only
         | that, its investing in an economy that doesn't typically
         | receive investment outside of gambling.
        
         | llampx wrote:
         | It's Tesla so it's a Good Thing.
        
           | spiderice wrote:
           | It's a good thing because it's a stupid law. People would
           | praise any company that took advantage of this loophole.
           | Though yes, other companies wouldn't get the headlines that
           | Tesla gets for doing it.
        
             | PaulDavisThe1st wrote:
             | How stupid is it to try to stop e.g. Ford from undercutting
             | existing Ford dealerships, and repatriating income and
             | profit from e.g. NM back to e.g. MI ?
        
               | babypuncher wrote:
               | Are you suggesting that direct to consumer sales should
               | be banned across the board? Everything anyone buys should
               | have to go through a middleman?
        
               | PaulDavisThe1st wrote:
               | Not at all. I'm just saying that if a manufacturer relied
               | in the past on non-company owned businesses to establish
               | markets, it's not clearly wrong to prevent the
               | manufacturer from undercutting those businesses by
               | opening company owned stores in the same locations.
               | 
               | I think that Tesla should be allowed to open a store
               | wherever they want (subject to other rules &
               | regulations), since they have never used dealers.
        
               | jsight wrote:
               | Why should the laws protect their outdated business model
               | in that scenario? What is this principle called?
               | Too...old to fail?
        
               | MomoXenosaga wrote:
               | Horse buggy salesmen were not protected from cars...
        
               | kelnos wrote:
               | It's interesting to me that these are laws and not
               | contract provisions between the dealers and the
               | manufacturers.
               | 
               | Then again, way back when, dealers may have been the
               | weaker party in contract negotiations, so the law was
               | intended to protect them. That almost certainly isn't the
               | case today, though, given the proliferation and (local)
               | political power car dealerships tend to have.
        
               | breakingcups wrote:
               | Do you believe we should still have attendants everywhere
               | to pump gas? That Netflix should still be distributing
               | DVD's? That elevators should still be hand-operated?
               | 
               | It doesn't seem right to force an inefficient, outdated
               | situation to continue to exist purely because it benefits
               | a group that would otherwise be outcompeted.
        
               | xboxnolifes wrote:
               | Stupid? I don't know. But it's legislation that forces
               | the existence of a third-party middle man for sales and
               | completely prevents the option of having it optimized
               | away.
        
               | PaulDavisThe1st wrote:
               | I believe that its intent was not to force the existence
               | of 3rd party middlemen, but rather to acknowledge their
               | existence (and the role they had played for manufacturers
               | by assuming a large part of the risk), and prevent them
               | from being swept away by direct sales after doing that.
               | 
               | I don't believe that this should apply to Tesla, because
               | they do not use dealers anywhere.
        
             | injb wrote:
             | I agree. That was my point - I meant that it shouldn't be
             | news because we should be able to take it for granted that
             | you can buy and sell stuff without being forced to use a
             | middleman.
        
         | bpodgursky wrote:
         | Actually the galling part to me is the people who consider
         | "Tribal Sovereignty" a clever loophole.
         | 
         | That's the point... the tribes have the right to decide what
         | happens on their land. It's like calling "free speech" a
         | loophole when someone notices the first amendement.
        
       | jcun4128 wrote:
       | Random comment: I get how manufacturing works (batch) but
       | whenever I see rows and rows of brand new cars just sit on seller
       | lots like that's crazy.
        
       | psyc wrote:
       | They say sometimes the cahs what come outta theya, well sometimes
       | them cahs drive 'emselves.
        
       | 99_00 wrote:
       | Getting the law changed would be hard. Sounds like a win for
       | Tesla and the Native band.
        
       | PaulDavisThe1st wrote:
       | This is a great example of the problems with the precise wording
       | of laws.
       | 
       | The intent of the NM law that prevented Tesla from doing this
       | e.g. in downtown Santa Fe was to prevent manufacturers from
       | undercutting dealers who had done the work of proving a market by
       | opening their own stores in direct competition. There are
       | arguments for and against this, but it's not clearly a completely
       | stupid idea on its face.
       | 
       | But of course, the law wasn't written to deal with a scenario
       | where there's a new(ish) manufacturer that has no dealers
       | anywhere, least of all in NM, and has no plans to ever have
       | dealers. It only sells its cars in company-owned stores, and
       | opening a new store is not undercutting any existing dealers.
       | 
       | Would the legislators who voted for the legislation have
       | understood the difference if the idea had been presented to them
       | back when this was passed? Would they have worded it differently?
        
         | [deleted]
        
         | WillPostForFood wrote:
         | _it 's not clearly a completely stupid idea on its face_
         | 
         | It wasn't a stupid idea to provide some protection to
         | dealerships from the manufacturers they represent, but it is
         | stupid to use it to block manufacturers that have no dealers.
        
         | andjd wrote:
         | But now that these laws are on the books, the existing owners
         | of dealerships actively lobby the state legislators to keep
         | this as the status quo and reduce competition. The dealers, and
         | lawmakers, hope that Tesla will give in and start selling
         | through existing dealerships.
        
           | Mountain_Skies wrote:
           | Reminds me of how the alcohol distribution system in some
           | states causes ridiculous situations such as requiring Trader
           | Joe's to sell their inhouse wine to a distributor and then
           | requiring them to buy it back in order to sell it in their
           | stores. Obviously the distributor loves this as they get to
           | rent seek while adding no value at all. That gives them
           | plenty of money to lobby with to keep them in the loop.
        
         | HelixEndeavor wrote:
         | In general the idea of laws essentially banning competition in
         | the dealership market is a crap idea, manufacturer or
         | otherwise.
        
           | jsight wrote:
           | Exactly... I hear people say that it was a good idea at some
           | point in time, and I still don't understand it. Why did they
           | need the law to protect them from competition back then?
           | 
           | Undoubtedly being protected from competitors is good for
           | someone, but it is rarely the consumer that benefits. Its
           | hard to see how car dealers could be the exception.
        
             | JumpCrisscross wrote:
             | > _Why did they need the law to protect them from
             | competition back then?_
             | 
             | It kept more profits in the states with dealerships versus
             | car manufacturers.
        
               | spywaregorilla wrote:
               | How?
        
               | telotortium wrote:
               | Car dealership owners are among the richest people in
               | many rural and blue-collar towns in the USA. While you
               | can conceivably tax the profits of company-owned stores
               | on the state level, dealership owners may spend their
               | profits in their local area (building their houses,
               | purchasing local entertainments, visiting local stores,
               | etc.), rather than having the profits go to Detroit and
               | being spent there.
        
               | adolph wrote:
               | That reasoning doesn't make sense to me. Am I missing
               | something?
               | 
               | Let's say non-manufacturer revenue over a car's TCO is X.
               | The largest portion of X will be spent on non-local goods
               | and local labor regardless of who takes the profit, which
               | has to be low enough to prevent stronger 3rd party
               | service. It isn't like all cars would be shipped back to
               | the factory for service.
        
             | HWR_14 wrote:
             | The car manufacturer can undercut a dealership, because
             | they have fewer costs. At the time these laws were written,
             | having a dealership was vital to get timely repairs. In
             | Tesla's case, timely repairs might still be an issue - you
             | cannot get a general mechanic to work on them. Therefore,
             | it was designed to ensure sales were locked into a repair
             | system.
        
         | chrisseaton wrote:
         | > it's not clearly a completely stupid idea on its face
         | 
         | A law to protect a useless middleman? Seems completely stupid
         | to me.
        
           | allmiwe wrote:
           | Only because you apparently failed to read any of the
           | paragraph that ended in the quoted sentence fragment, but
           | decided that it would be worth everyone's time to add your
           | Smug Noise to the conversation.
        
             | chrisseaton wrote:
             | Which bit do you think's relevant? To protect the middlemen
             | because they've 'done the work of proving a market'? I
             | don't think 'proving a market' is work that should be
             | protected by the state. Undercutting is efficiency and pro-
             | consumer. Dealers provide no value anywhere - why do we
             | want them?
        
         | varelse wrote:
         | Somehow I think their understanding would jump exponentially
         | for ICE autos, but not for Tesla or any other EV builder. That
         | seems to be the bespoke irrationality for this market segment.
        
       | rmason wrote:
       | Here's hoping Musk tries the same thing in Michigan to get around
       | the hold that the auto dealers have on the state legislature. I
       | know there are tribes in Battle Creek and Mt. Pleasant who would
       | probably welcome a Tesla dealership, especially if it drew
       | traffic to their casinos.
        
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