|
by the Freedom Coalition The Farr West City Council, Mayor and Attorney have responded both with their opinions and with an official stance given by the City attorney, Ryan Shaw. Initial opinions ranged from: “the County and all surrounding cities do it”, to Councilman Lee Dickemore stating: “it’s required by the State.” Mayor Papageorge stated that not all businesses have licenses. Attorney Ryan Shaw postulated that we voluntarily gave up our rights to work when we became a city. Councilman Tim Shupe’s initial thoughts were that we need some types of regulation, but that we want to think about the tendency of government to expand its powers.
It was interesting to hear the understanding of the purpose for business licenses too. The common answer was that the officials need to know what is happening within the city so that businesses (mostly the bad ones) can be controlled. Their responses quoted here are not meant as a criticism of these public servants individually, nor do we wish to point a finger at Farr West as we believe that Farr West is administered better and is freer than most municipalities. However, Farr West does have 71 pages under BUSINESS LICENSES AND REGULATIONS !
The “official” answer from Farr West for those questions answered includes official purposes for business licenses. Purposes include:
“…the purpose of a business license is to ensure that all businesses are being conducted in a manner consistent with the standards established by the people. Those standards may be related to health, safety, public peace and morals, and the right to quiet enjoyment of property by neighboring property owners to name just a few. For example, most people would probably agree that it is unsafe for a business which manufactures explosives to operate in a residential area…”
Attorney Shaw answers the question:
“When did Farr West obtain authority to grant business licenses? The 10th Amendment to the U.S. Constitution states that ‘[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ In essence the States are the people. Our founding fathers didn’t establish a Constitution for the United People of America, or the United Citizens of America, the Constitution was established for the United States of America. In a nutshell, cities and counties derive their authority from the State …or from the people.”
Attorney Shaw then provided some clarification and explanation stating:
“I did not say that ‘citizens voluntarily gave up rights to work in communities’ as a condition for becoming a community. On the contrary, everyone has the right to work, (and everyone also has the right not to work). Being part of a state or a community doesn’t require that one must give up their right to work, but it does mean that the work chosen by an individual must be in harmony with the community standards established by the people. Everyone and anyone can work, and requiring a license does not deny an individual the opportunity or right to work. However, if a person engages in work that is contrary to the standards established by the people, then the people have the right, through constitutionally acceptable means, to regulate or restrict that work or activity.”
We find the clarification that the authority comes from the people enlightening. We agree that is where the authority for government comes from. A follow-up question for the future would be: Where do the people get the authority?
Councilman Tim Shupe provided a letter expressing his beliefs regarding law in general stating:
“A government must first protect the rights of its citizens, as our fore Fathers stated so well in the Declaration of Independence; “Life, Liberty, and the pursuit of Happiness”. If one person obstructs, infringes upon, or denies the rights of another, the government should take the necessary action to protect that person’s rights. Thus laws are enacted in an effort to facilitate that protection. It is my opinion that this should always be the underlying reason for enacting any law in our country. Anything else would be exceeding their authority.
Councilman Shupe then continued with specifics about business licenses and other ordinances including the following:
“As for the authority to issue business licenses; Utah State code 10-1-203 (2) provides for municipalities to regulate and issue business licenses. Farr West City code Title 5 establishes the requirements and details for business licenses in Farr West City.”
Councilman Shupe then stated his intent”
“As city officials our intent is not to deprive people of their right to work, but to assure there is an environment where the citizens are free to enjoy life, to feel safe, to exercise self reliance and to enjoy the fruits of their labors.
I would encourage any citizen of Farr West to read our ordinances and share their opinions and suggestions as to how we can improve them.”
Councilman Shupe then signed his Dec. 10, 2009 letter. We appreciate Mr. Shupe’s intent and believe that most city officials in the Weber Sentinel News coverage area have a good intent, but we would also encourage citizen review, for the cause of freedom. We also believe that good, wise and honest men are our best leaders and should be sought for.
The Freedom Coalition asked the following in a letter to Farr West: “If a license is required does that mean that the city has authority to restrict or eliminate the possibility of a person working? If so, does the city then have the authority to restrict or eliminate a God-given right?” and “So, we would like to know both the moral and legal basis as well as any other authority Farr West claims - to require a business license in Farr West.” Interestingly, the City Attorney and Councilwoman Painter indicated that codified law is more important or supreme over moral law. C.S. Lewis stated: “…we know that men find themselves under a moral law, which they did not make, and cannot quite forget even when they try, and which they know they ought to obey.” These are not questions many of us have thought about very much, and therefore, we did not expect the officials in Farr West to have all of the answers. They are hard questions – but important ones. Councilman Chugg wondered why we didn’t work on more important issues. Freedom is an important issue.
The Freedom Coalition recognizes that certain business activities, immoral or improper things done in the name of business, can be and often are harmful. Therefore our letter followed up with: “Naturally, our work activities should not harm others. Thus, how can cities protect their citizens?” Webster’s New Dictionary of the English Language, 2001 Edition defines license as "1: permission to act 2: a permission granted by authority to engage in an activity...” At the present time we do not believe business licenses are morally needed. Yet, legally, we recognize and are subject to the powers that be.
Does the Constitution of the United States and of Utah shed any light on this subject?
Are there other or existing means to protect people - thus allowing them freedom - rather than using business licenses? Councilman Lunt wanted to know if we had some answers on what could be done. Through the various dicussions, we suggested a business registration that could not be withheld, rather than a license, or allowing neighbors or concerned citizens to work out their differences rather than expecting the city to control others. Citizens have the right to protect themselves. In the extreme they could use court injunctions or lawsuits. Requiring a license prior to working not only infringes on a God-given right to work, it in a sense judges a business guilty until proven innocent! Where is the justice in that? Naturally, some activities are inherently immoral and citizens should be protected from them. We invite citizen feedback on these questions as well as suggested things that could be done other than having business licenses. We don’t claim to have all the answers, but believe the answer lies in the area of self control, mutual respect, taking responsibility, and protecting and caring for our neighbors. The Freedom Coalition plans to continue researching this question with Farr West and others and acting positively for freedom.
We believe that the right to work is not only given to us by God, but we have a God-given duty to work to support ourselves and our families. Work brings many blessings besides material support for the individual and his family. It brings things to others for their support and trade (economy), self reliance, self assurance, health and strength, reliability, and gratitude. |