McCaysville’s elected officials won’t put the city’s Vendor Ordinance where it needs to be, in the trash can, but they aren’t saying why.
The council hastily passed the ordinance at a called meeting Wednesday, June 26, just in time for the Independence Day celebration.
It soon attracted attention when it seemed to become clear its intent was to stop street preacher Richard Peacock. He was approached by City Councilman Rodney Patterson and told he would have to have a permit.
Councilman Richard Wagner had asked what the city was going to do about the street preacher, who he called “a pain in the butt.”
At the July 17 council meeting, Patterson declared he “never meant for a preacher not to be able to preach.” But stood fast on the ordinance requiring them to get a permit to hand out literature.
Mayor Thomas Seabolt declared, “We’re not going to bother preachers.” He promised a workshop to hash out the problems.
There has been no workshop, but amendments are planned that simply make the permits – like the ones required for preachers – good for a year.
The First Amendment of the U.S. Constitution declares “Congress shall make no law...” getting in the way of religion. It does not say “...but it’s okay for McCaysville to pass an ordinance.”
For some reason the elected officials don’t understand basic freedom and the idea the Constitution says what it means.
The Constitution notwithstanding, those in charge need to take a hard look at the door the ordinance could open.
Right now, under current city and state restrictions, law enforcement authorities have powers to remove anyone from city property who is creating a problem.
The ordinance, and the granting of a permit under it, could severely limit that power. Permit holders would have a legal standing to be on city property.
For instance, an artist – say a guitar player – could get a permit, sit cross-legged on the sidewalk and play music with a cup set out for donations. The scene might not be the best attraction for the adjoining business, say a restaurant, but law enforcement would be severely limited before anything could be done.
Or say someone was given a permit to sell t-shirts touting some “Great McCaysville Special Event.” They could set up on the sidewalk in front of an established business, one relying on t-shirt sales for its very livelihood, and severely damage that business’ sales. Again, law enforcement could do nothing.
The ordinance gives no authority for law enforcement to revoke a permit “on the spot” if there is a problem.
The ordinance is bad. It closes doors – freedoms – that shouldn’t be closed and opens doors that don’t need to be opened.
Council members should wise up and put it in the trash.