Libertarian Party of Montgomery County
Promoting liberty throughout the Greater Dayton area and the Miami Valley
A week earlier, Dayton police arrested a 25-year-old man at Courthouse Square after city officials said he continued to hand out food after he and others were warned by officers to stop because it violated city code.
Officers said they responded after receiving an anonymous complaint about the food distribution activities, according to body camera footage obtained by this newspaper. An officer in the body camera video says, “It’s all about just getting a permit, man — that’s all it is.”
It is against the law to prepare or distribute food, clothing or toiletries in a public place within the central area of the city without a city permit.
Government determination of which assertions are false and should therefore be punished is always perilous. When institutions—scholars, the government as speaker, the media, perhaps opposing election campaigns—are available to deal with such matters, there is a way to avoid the peril while still rebutting the lies. It’s imperfect, but it’s better than the alternative of government coercion; in such a situation, “the fitting remedy for” lies, as well as for “evil counsels,” is rebuttal.
“Gonzalez was so hurt by the experience and so embarrassed by the media coverage of her arrest,” the petition says, that “she gave up her council seat and swore off organizing petitions or criticizing her government.”
In a Jan. 30 decision, [Portage C]ounty court holds that the City of Kent’s restriction on the number of unrelated persons who may reside together to be unconstitutional.
With the series of decisions from 2006 to present, the Ohio courts are cementing an OH-PA-NJ property rights judicial axis based upon rights identified in state constitutions which, courts have held, go beyond those in the federal constitution.
Conservatives had moral convictions but no overriding political principles. Conservatives were quite prepared to use the coercive apparatus of the state to enforce their own values regarding an ideal society.
The most fragile thing in the world is a social consensus in favor of freedom… The basic libertarian experience is to go to sleep confident that some freedom is rock-hard and universally-agreed upon, only to wake up the next morning and find that every newspaper in the country has simultaneously declared it Problematic.
…police powers must respect the limits set by (in Canada) the Charter of Rights or (here) the Constitution and Bill of Rights. Emergency declarations that purport to bypass or remove those safeguards are an extraordinary peril to liberty.
https://www.cato.org/blog/canadian-court-trudeaus-use-emergency-powers-crush-protests-was-illegal
In many cases, compensation is the only possible remedy for the violation of the property owner’s Takings Clause rights, as there is no way to address it by an injunction. For example, Justice Amy Coney Barrett noted that an injunction couldn’t fix a “temporary taking” where the government has temporarily taken an owner’s property, but then stopped. I would add the same is true of cases where the government has destroyed or damaged the owner’s property—as in Devillier itself. Short of inventing a time travel device and going back in time, Texas cannot undo the flooding of Devillier’s land. The only possible remedy for that violation of his rights is the payment of compensation.
Whether a worker wants union representation ought to be an individual decision. The federal and state laws that turn it into a collective decision should never have been passed and after they were passed, should have been declared unconstitutional.