>To begin with, let's not ignore how broad a category "small business" is. Laws requiring health inspections or licenses etc. often operate on the basis of frequency or number of patrons. If you have around a dozen people over for movie night every Saturday with the event published on social media and you all chip in for pizza, are you a food service business? For that matter, is that a public performance in violation of copyright?
That's what courts are for. I don't think there's any case where people tried to prosecute a shared movie night as a business, because it'd be laughed out of court. Same goes for whether it's copyright infringement or not. Moreover if you look at how authoritarian regimes work in practice, dissents are often prosecuted under national security laws, campaign finance violations, or libel laws, not because they violated the health code by having a movie night.
> That's what courts are for.
That isn't really how courts work. If you're violating the letter of the law then you are breaking the law and an actual impartial judge would enforce it against you. In practice whether they let you get away with it is based in significant part on whether or not they like you. If the judge doesn't like the administration then maybe they do like you. But if the judge doesn't like you for the same reason the administration doesn't like you then you're going to jail. And it shouldn't have to depend on that; we shouldn't have laws that people are constantly in technical violation of so that the only thing keeping anyone out of jail is prosecutorial discretion and judicial affinity.
Meanwhile you can characterize anything in a negative light. A random home kitchen typically isn't going to meet the standards for commercial operation and the prosecutor's press release isn't going to say "we're prosecuting our enemies for movie night", it's going to say "defendants were operating a for-profit restaurant in violation of zoning rules and storing uncooked meat above fish in the freezer used for storing food sold for resale in violation of the health code" and then stick them with a fine that would make them lose their house.
> Moreover if you look at how authoritarian regimes work in practice, dissents are often prosecuted under national security laws, campaign finance violations, or libel laws, not because they violated the health code by having a movie night.
When the dictator of petrolistan wants to retaliate against their enemies and those laws are available for that, sure.
When the mayor of some US town wants to do the same thing, they might very well resort to health code violations that wouldn't have otherwise been enforced.
Deterrents well short of political executions are still very much official misconduct.
Dissidents are most often prosecuted under those laws, yes, which is a good reason to not have those laws. But I’m aware of at least one case where a Cuban dissident was apprehended and prosecuted for buying cement in the black market, something the government was able to know because they most likely had somebody tagging the person 24/7 [^1]
But that exotic case is not that much needed. Laws will be abused by the powers whenever they want; you don’t need to look farther than the current USA administration and how the president is using war powers to treat poor laborers as enemy combatants and send them to concentration camps. And yet, USA’s system of government was designed in a way that should have prevented the executive to abuse power; why it has failed is another (difficult) discussion, but the founding fathers seemed well acquainted with the despotism of other nations.
[^1]: https://www.rtve.es/noticias/20090828/cuba-detiene-a-disiden...