Could Peer Review for Public Servants Make the Law More Consistent?
Like many good arguments, this one started over a stiff drink. An Earl Grey MarTEAni, to be precise.
In January 2010, Nathalie Louissaint, a New York City health inspector, visited Pegu Club, an upscale cocktail bar. She watched as the bartender mixed the signature tea-infused drink. Borrowing a technique from the nineteenth century, the bartender added raw egg whites, which give the drink a silky body and an alluring layer of foam. Louissaint decided that the raw egg warning on the menu was insufficient and cited the bar for a health code violation.
The citation outraged many. Paul Clarke, a Seattle-based food writer, was perplexed by the department’s rigid position on raw eggs, writing on the website Serious Eats, “Does this mean the health department will begin targeting restaurants that serve raw eggs in a Caesar salad?” Others decried the health department’s seeming mandate to use pasteurized eggs, but those, said Pegu Club owner Audrey Sanders, “impart this really funky wetdiaper nose.” One bartender, who insisted on anonymity for fear of reprisal, told the New York Times, “If they make it illegal to serve egg-white drinks, that would be Hurricane Katrina for us.” In response to the uproar, the health department overruled the inspector.
In our experiment, health inspectors observing identical conditions disagreed 60 percent of the time.