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.
Bogus, local-government Nanny State PING!
The right of the people to peacefully assemble.
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.
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.
All of our freedoms are under attack. It was only a matter of time before the communists would get to freedom of assembly.
They've simply done away with all the other BOR Amendments. Why not this one?
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...
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.
> 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.
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.
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?
Already done! Read this
It's difficult to violate the third amendment, but our heroes and friends the police have managed to do it.
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.
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."
Have these people sworn to uphold the Constitution???
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.
Don’t give them any ideas. They will use this for the homeless solution.
CCW is a good solution.
We are at war. It’s high time Republicans realize this.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.