Thank you Wesley for sending along this video. Thank you Bryan Orr for putting the sign up and calling this to the attention of the local news. So much for "America - land of the free..."
Are you mad yet? Comments welcome below. I can't wait to see the follow up.
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On Sale Now - Your Constitutional Rights
So... he can exercise his freedom of speech as long as he pays for it?
I thought the rights in the constitution were naturally guaranteed to us. When we have things like this going on it makes it seem like our rights and liberties are for sale and that to have them we have to buy them.
Couple things
.
First I am really happy that a local Fox affiliate devoted so much time to this story. It's a very good story and I tip my hat to Fox for running it, even though it's not a network spot.
I HOPE someone from Florida will keep Daily Paul up-to-date with developments on this, and how it is resolved--one way or the other.
It's good to see so many legal minds at work in the comment section, trying to suggest a legal remedy. Where I live, people have signs all over their yards. It is just not a problem. In fact, it's kind of fun, seeing a little activism in an otherwise dead boring town.
Ordinances
City ordinances are often a nuisance, but this posting contains a lot of very misleading legal advice.
The posting quotes an article by Bill Price purporting to describe legalities in Michigan. I do not know the details of the law of Michigan (or of Florida), so I will give you the law of Texas. State laws are often quite similar:
Municipalities are corporations chartered by the state legislature. There are several different types of municipality, but the vast majority of the population lives in what are called "home rule" cities. Home rule cities are authorized to pass any law that does not conflict with a state or federal law. Even under mainstream interpretation, the sign ordinance in question undoubtedly conflicts with the highest federal law: the First Amendment. The ordinance is invalid because of the conflict; not invalid simply because it is an ordinance. The city prosecutor is not going to have to provide a "real" state or federal law that was violated.
The reference to the Seventh Amendment is particularly misleading. The first ten amendments ("Bill of Rights") were originally protections against the federal government; they did not apply to state or local government. The (post-Civil War) Fourteenth Amendment provides (paraphrasing from memory): "No State shall . . . violate the privileges and immunities of citizens of the us . . . deprive a person of life, liberty, or property without due process of law, or . . . deprive any person of the equal protection of the laws." The Supreme Court has construed the Fourteenth Amendment as intended to make the most important provisions of the Bill of Rights applicable against the state and, therefore, local governments. However, the Court does not consider the Seventh Amendment guarantee of jury trial in civil cases where the amount is dispute exceeds $20 to be one of the important provisions, and it has not been applied state or local government. (The Sixth Amendment guarantee of jury trial in a criminal case has been so applied).
B O R
Actually the Bill of Rights applied to everyone anywhere in US jurisdiction. The first amendment brought up Congress specifically, but the other amendments did not. Amendments like the 2nd, 3rd, 4th, 5th etc. applied to everyone including local and state governments. If people are ignoring the 7th then that's bad. I'm sure that if someone were aware of their 7th amendment rights and demanded them, they'd get a jury trial for a civil case.
?
Ordinances are not laws. Ask them what federal or state law you are breaking.
From a Bill Price article:
Number one, when it comes to the law there are only two governmental bodies that we citizens must concern ourselves with. One of them is in Washington D.C and the other is in the state capitol where our respective state legislatures convene. Counties, cities, villages and townships cannot make law. These little political subdivisions have no elected legislators. Thank God! Mark twain was not joking when he quipped about the governmental fleecing of his fellow citizens.
The first thing that one must know in order to defeat ordinance scams perpetrated under “color of lawâ€, like dog barking, seatbelt, garage sale, junk car, etc., etc., is that your due process can and will protect you. Local ordinances must actually be in compliance with a State law that prohibits the alleged illegal activity. More and more, an ignorant public are seen as walking opportunities by money hungry officials. City councils and county boards etc. can easily violate a citizen’s rights when passing/enacting ordinances that have money and/or jail time remedies. Even though federal and state lawmakers are no strangers when it comes to fleecing their citizens, you will find that local officials have made a virtual industry out of “ordinance enforcementâ€. Local governments have grown exponentially as a direct result of the dollars now pouring in.
Here is a brief formula for stopping tyranny:
Check your citation for a reference to the State law allegedly violated.
The political subdivision citing you must provide a copy of the State law they intend to prosecute with. So be polite, but don’t take no for an answer. They are required to keep these ordinances for public inspection and can only ask for a small fee to reproduce them, e.g. 10 or 20 cents a page.
Demand a dismissal if a State Law is not referenced in the ordinance.
Ordinances by political subdivisions only have force when citing/referencing a state law and the purpose for such law.
Review the State adoption procedures.
Your political subdivision is actually violating your constitutional rights if it makes any demands on your property or liberty without following the procedures enacted by the State. In Michigan townships for example those procedures are in Act 246 of 1945, Chapter 41, 181-85 (findlaw.com).
After being cited for an offense that you believe you are not guilty of, notify the clerk that you are not accepting responsibility (pleading not guilty)
Demand your pre-trial hearing, a necessary first step in your due process.
Find a trusted friend or two to accompany you as a witness Prepare a statement with a list of your demands.
Demand, number one, a copy of the State law you violated.
Demand, number two, a copy of the oath statement made (probable cause).
This statement must provide a summary describing the violation you allegedly committed, and be sworn to (signed) by someone with firsthand knowledge of the wrongdoing. You will be able to cross examine that person under oath at trial.
If the prosecutor refuses to drop the charge at pre-trial demand a jury trial. The 7th Amendment guarantees a jury trial remedy for any offense of $20 or more. You will be taken before the judge, at that time notify the judge you require a discovery order to obtain the documentation necessary for your defense. This order will allow you to compel your accusers (police, ordinance official’s prosecutors etc.) to provide the documentation they claim to have in order to gain a conviction against you.
If any of these steps is denied, you should demand a dismissal based on the denial of your constitutionally guaranteed due process rights.
America Home of the "FEE!"
Just shows how we've gone from "America, home of the free" to "America, home of the FEE!"