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Fairfax aims to downsize home assemblies
Watchdog.org ^ | May 5, 2014 | Kenric Ward

Posted on 05/06/2014 4:10:23 AM PDT by Tolerance Sucks Rocks

FAIRFAX, Va. – A plan to ban “frequent and large gatherings at neighborhood homes” is a lawsuit waiting to happen, a Fairfax County supervisor predicts.

Officials will get an idea Wednesday when public-comment hearings begin in Virginia’s most populous county.

“I believe the county is risking a lawsuit and/or a constitution challenge by interfering with peoples’ right to assemble,” Supervisor Pat Herrity said in a statement.

The proposed zoning ordinance limits “group assembly” at residences to 49 people a day. Such gatherings “shall not occur more frequently than three times in any 40-day period.”

County officials say they have received complaints about group meetings at homes. But Herrity said “they haven’t even reached 1 percent of the thousands of complaints our Department of Code Compliance investigates a year.”

“This is yet another instance where we appear to be punishing the many for the actions of the few,” said Herrity, who reported a total of six complaints were received last year.

Church groups, scouting organizations or even sports fans drawn to a home’s big-screen TV during playoffs could be potential targets of the proposed county law. Realtors worry that even open houses would invite civil penalties.

John Whitehead, an attorney and president of the civil-libertarian Rutherford Institute, calls the Fairfax plan “nefarious.”

“Broad enactments like these have governments assuming that private property is their property,” Whitehead said in an interview with Watchdog.org.

“If you can’t determine what goes on at your own residence, you have surrendered your rights. The Constitution is founded on property rights.”

Nevertheless, some courts have upheld aggressive zoning restrictions. In Phoenix, a minister was sentenced to 60 days in jail for conducting Bible study classes with 10 people at a home.

Herrity, who beat back a controversial dance-hall regulation two years ago, said Fairfax County already has several codes that address neighborhood nuisances.

“We should be focusing on dealing with the issues and not restricting groups’ rights to assemble,” he said.

The Board of Supervisors is moving ahead with three public-comment sessions on the staff-drafted ordinance:

All meetings run from 7 p.m. to 9 p.m.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Virginia
KEYWORDS: 1stamendment; busybodies; fairfaxcounty; homegatherings; nannystate; ordinance; privatehomes; righttoassemble; zoning

1 posted on 05/06/2014 4:10:24 AM PDT by Tolerance Sucks Rocks
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To: SheLion; Eric Blair 2084; -YYZ-; 31R1O; 383rr; AFreeBird; AGreatPer; Alamo-Girl; Alia; altura; ...

Bogus, local-government Nanny State PING!


2 posted on 05/06/2014 4:11:02 AM PDT by Tolerance Sucks Rocks (The PASSING LANE is for PASSING, not DAWDLING)
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To: Tolerance Sucks Rocks

The right of the people to peacefully assemble.


3 posted on 05/06/2014 4:15:04 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: Tolerance Sucks Rocks

Memo to those dolts who live in one of the richest counties of the US: You like big government, you get all the government you can use.


4 posted on 05/06/2014 4:16:19 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Tolerance Sucks Rocks

What bothers me is that you invent a number out of thin-air....like 49 people being max on residential property. Why only 49? Why not 53?

The same logic should work at a county hall meeting with only 66 people in the meeting room, or 78 people in the parking lot.


5 posted on 05/06/2014 4:19:06 AM PDT by pepsionice
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To: Tolerance Sucks Rocks

             

6 posted on 05/06/2014 4:29:03 AM PDT by tomkat
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To: Tolerance Sucks Rocks

All of our freedoms are under attack. It was only a matter of time before the communists would get to freedom of assembly.


7 posted on 05/06/2014 4:33:22 AM PDT by fatnotlazy
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To: Tolerance Sucks Rocks
So, when does the Feral Government start quartering troops in our homes?

They've simply done away with all the other BOR Amendments. Why not this one?

8 posted on 05/06/2014 4:37:53 AM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: MrEdd

When you see something like this you realize the ordinance or law was born out of fear and it makes you wonder if the local government has something to hide...


9 posted on 05/06/2014 4:43:54 AM PDT by jsanders2001
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To: Tolerance Sucks Rocks

49? I’ve been to larger house parties in FFX Co. And no more than 3 in a 40-day period? There probably wouldn’t be admissible proof until the 5th or 6th occurrence.


10 posted on 05/06/2014 4:45:33 AM PDT by mikey_hates_everything
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To: fatnotlazy

> All of our freedoms are under attack. It was only a matter of time before the communists would get to freedom of assembly.

They keep us busy with this small crap while they are pulling sleight of hand tricks to accomplish their real objectives. The only way to effectively deal with people like this is to go on the offensive and attack their coveted achievements and overreach to take away even more territory. Hit areas they are vulnerable in like the transgender bathrrooms in high school. Take that back and go for allowing bibles to be read in schools at the same time. After awhile they will note the pattern and slow their attacks realizing for every thing they gain two will be taken from them. We’re damn sure not going to win by being reactionary and defensive.


11 posted on 05/06/2014 4:51:38 AM PDT by jsanders2001
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To: Tolerance Sucks Rocks

We already have a situation in Mission Hills Kansas where the police will come to the outside of parent meetings in homes and watch. Or they will come up and knock on the door to “warn” the women not to leave their purses or valuables in the car, and in doing so, get a free peek inside. I don’t like it and I don’t understand it. I don’t live there but do go to parent meetings there in connection with my kid’s school sometimes. The people who live there have been practically turned into the imprisoned as opposed the the protected.

Now many well off people live there and some live there because it implies wealth, but still. The police need to back off.


12 posted on 05/06/2014 4:52:37 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: Tolerance Sucks Rocks

If someone is running a large church in a residential home, they really need to move to a commercial location. Would you want this going on at your next door neighbor’s house weekly, blocking the roads?


13 posted on 05/06/2014 4:53:55 AM PDT by FreedomPoster (Islam delenda est)
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To: Lazamataz
So, when does the Feral Government start quartering troops in our homes?

Already done! Read this

It's difficult to violate the third amendment, but our heroes and friends the police have managed to do it.

14 posted on 05/06/2014 4:55:23 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Tolerance Sucks Rocks

Why take away rights instead of dealing with the issues on a case by case basis?

Oh yeah, I remember, we are dealing with leftist totalitarian fascism.

Instead of dealing with terrorists, we are all considered criminals without rights.

Instead of dealing with immigration, we are all treated like criminals without rights

Instead of targeting drug dealers, we are all treated like criminals without rights.

Instead of dealing with lawbreakers, we are all treated like criminals without rights.

Welcome to the THE THIRD WORLD OF THE UNITED STATES.


15 posted on 05/06/2014 4:57:54 AM PDT by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: Lazamataz
So, when does the Feral Government start quartering troops in our homes?

Constitutionally, they can, given the Bush-Obama crowd's thirst for constant war. Just needs a bit of enabling legislation.

"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

16 posted on 05/06/2014 4:59:39 AM PDT by PAR35
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To: Tolerance Sucks Rocks
"The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble".......

Have these people sworn to uphold the Constitution???

17 posted on 05/06/2014 5:04:19 AM PDT by high info voter
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To: Tolerance Sucks Rocks

Government at all levels is aware that they’ve gone too far and now they’re afraid. GOOD! This idiotic law that is being bandied about will never stand up in court.


18 posted on 05/06/2014 5:23:45 AM PDT by NRA1995 (I'd rather be a living "gun culture" member than a dead anti-gun candy-ass.)
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To: Lazamataz

Don’t give them any ideas. They will use this for the homeless solution.

CCW is a good solution.


19 posted on 05/06/2014 6:49:45 AM PDT by DownInFlames
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To: jsanders2001

We are at war. It’s high time Republicans realize this.


20 posted on 05/06/2014 7:16:15 AM PDT by fatnotlazy
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To: Tolerance Sucks Rocks

They have sufficiently scared everybody.

Next step:

Demand a permit for such gatherings. With a FEE, of course.

This is a direct violation of the rigt to freely assemble.


21 posted on 05/06/2014 8:44:20 AM PDT by ridesthemiles
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To: Lazamataz

“So, when does the Feral Government start quartering troops in our homes?”

Actually, they are. Think about it. One of the main reasons for quartering troops in colonists homes was to monitor them and keep them living in fear.

Today we have the NSA for that.....


22 posted on 05/06/2014 12:09:35 PM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: Tolerance Sucks Rocks

Jeepers. Thanks for the ping!


23 posted on 05/06/2014 7:35:56 PM PDT by Alamo-Girl
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To: FreedomPoster
Would you want this going on at your next door neighbor's house weekly, blocking the roads?

Sounds like a red herring. Who said they were blocking the roads?

24 posted on 05/07/2014 7:30:28 AM PDT by palmer (There's someone in my lead but it's not me)
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