Sunday, December 12, 2010

Revoke Section 11-3

Smyrna has a law outlawing businesses that use supernatural powers under the guise of fortunetelling. A recent lawsuit in Tennessee brought to mind that not all laws are legal...but they do try to keep us Brentwood-lite.
CHAPTER 3
FORTUNE TELLING, ETC.
SECTION
11-301. Fortune telling, etc.
11-302. Violation and penalty.
11-301. Fortune telling, etc. It shall be unlawful for any person to conduct the business of, solicit for, or ply the trade of fortune teller, clairvoyant, hypnotist, palmist, phrenologist, or other mystic endowed with supernatural powers. (1991 Code, § 11-234, modified)
11-302. Violation and penalty. A violation of this chapter shall subject the offender to a penalty under the general penalty provision of this code. Each day a violation shall be allowed to continue shall constitute a separate offense.
Now that lawsuit is in East Ridge Tennessee and already the judge has ruled in a way for the fortune teller.
A federal judge in East Tennessee has blocked East Ridge from enforcing a ban on fortunetellers, hours after a woman filed a lawsuit that says the ordinance violates her free speech rights.

The court order signed Friday by U.S. District Judge Curtis L. Collier granted relief sought in a suit filed by the American Civil Liberties Union on behalf of Candice Wohlfeil, a disabled grandmother who describes herself as a "spiritualist."

The restraining order allows Wohlfeil to reopen the booth where she had been reading tarot cards for three years before the city threatened a fine that forced her to shut down
I think that the town council might want to change or drop the law before we end up in a lawsuit. This area already has seen at least one suit.
In 2004, a federal judge in Nashville struck down a ban on fortunetelling in Dickson.
Smyrna tax payers should not have to risk paying to defend a lawsuit that is obviously going to be lost.

I don't believe in 'supernatural powers but if you want to spend $10 to have some cards shown to you I say go for it...but I will laugh at you behind your back. Honest!

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