Tag: U.S. Constitution

Myrtle Beach Merchants Sue City Over Constitutional Violations

News of Ocean Boulevard merchants suing the City of Myrtle Beach to overturn the entertainment overlay district ordinance the city passed in August 2018 was generally lost in the hype created by the county administrator’s bogus allegations last week.

However, the lawsuit could prove to be more far reaching in reining in the ability of local governments and their officials to run wild over the rights of businesses and citizens whenever and wherever they choose.

The lawsuit was filed in Florence Federal District Court because the ordinance in seen by the business owners as an all-out attack on their constitutional rights. The lawsuit alleges curtailing of free speech guaranteed by the 1st Amendment to the Constitution; lack of due process and equal protection of the law guaranteed by the 5th and 14th Amendments and civil rights violations in that the ordinance targets businesses that are almost exclusively owned by Jewish merchants.

A key paragraph in the lawsuit states, “Specifically, but not exclusively, the Ordinance is not narrowly tailored to serve any significant governmental interest and imposes restrictions that are greater than necessary to further such interests because, on its face and as applied, it restricts display and sale of merchandise that is allowed in other parts of the City of Myrtle Beach.”

Other key areas in the lawsuit are: (1) The Ordinance is an irrational and unreasonable statute, imposing unjustifiable restrictions on the exercise of constitutional rights and (2) “…all or substantially all of the merchants within the Overlay district contemplated by the Ordinance are of Jewish descent or extraction, and that as a result, the Ordinance as applied, if not facially, violates the Equal Protection Clause of the U. S. Constitution’s Fourteenth Amendment; and (3) “Plaintiffs are informed and believe that the Ordinance does and will deprive them of all or substantially all of the economically viable use of their businesses.”

Indiana, Gov. Mike Pence and Religious Freedom – Update

The Indiana General Assembly and Gov. Mike Pence gave a lesson in U.S. history and politics after passing into law an ill-considered “Religious Freedom” bill last week.

Pence and Republican legislators apparently thought the religious freedom law would be a feather in their caps, endearing them to the far right Republican base and assuring continued election success.

Instead they found themselves in the middle of a public relations firestorm that rapidly was blowing back on them and probably eliminating Pence from any future serious presidential consideration.

More Atlantic Beach Problems for Nikki Haley

Gov. Nikki Haley’s recent trip to Atlantic Beach continues to garner negative headlines for South Carolina’s top elected official.

The governor failed in her attempt to have a “frank” discussion with the Atlantic Beach Town Council about ending the Memorial Day Bikefest.

After a short opening address by Haley in which she reportedly promised to help Atlantic Beach return to its glory days of pre-integration prosperity, Haley was met with silence from town officials.

However, that was not all that occurred during the meeting.

National Security Agency Spying and the Constitution

Seven months after the Edward Snowden leaks about National Security Agency spying started becoming public, President Barack Obama is now saying some changes in programs may have to be made.

A Blue Ribbon panel appointed by the president, Review Group on Intelligence and Communication Technologies, recently published a 309 page report.

One of the conclusions in that report were that the NSA program of vacuuming information about phone calls and other electronic transmissions within, into and out of the U.S. was, from all available evidence, worthless as a tool to fight terrorism.

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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.” – First Amendment to the U.S. Constitution.
Of all ten amendments to the U.S. Constitution set forth in the Bill of Rights, the first is the one practiced daily by virtually all Americans. Freedom of religion, speech and the press, the right to assemble peaceably and to petition the government for a redress of grievances are what separate us, as Americans, from all other national groups.