If the point of the law is "fairness," it fails, because sellers in cities and counties with higher rates will remain at a disadvantage. And if states must settle on a single tax rate for online sales only, it's frightening to contemplate how high that rate might be.
Even if we can't get to
perfectly fair, we should still work for
more fair- and I'm not aware of any solid evidence that any hypothetical single rate would be frighteningly high. I find this bit particularly unpersuasive.
I do appreciate the rest of your points here- I'm
pretty sure I still disagree, and side with the small local brick-and-mortars who have been at the forefront of this fairness push, but it's been food for thought and I'm actively mulling it over.
As for the objection to sales taxes in general on equity grounds, I agree with BRTD that this is a Real Bad way to advance that cause:
I don't see any problem with requiring such taxes to be paid in either type of sale. If you oppose sales taxes in general, then you should get your state to abolish them, like some don't have any. But having sales taxes apply to only some businesses is completely unfair.
I'm also tempted to get all Slatepichy contrarian, cite the
actual Nordic model, and point out that the most egalitarian advanced societies we've seen all don't shy away from taxing consumption at all income levels, because a broad-based tax that funds generous social programs tends to go along with a flatter wealth curve than a smaller but more strictly progressive taxation regime. That's kind of a tangent, and I'd need more time than I have at the moment to really defend it (and even then I doubt I'd want to go full VAT like they do in Europe)... but I do think the point needs to be entered into the record as a check on the impulse to RAAR SMASH ALL SALES TAXES.