August 13th, 2012 § 0 comments § permalink
Another fortune-telling ban has been struck from the municipal law books, this time in York, Nebraska.
Last week, York City Council did some house-cleaning, and according to yorknewstimes.com, they scrapped not only the fortune-telling ban that had been in place since the fifties, but also restrictions on cursing in dance halls, and bowling on Sunday mornings.
Good work York!!
August 9th, 2012 § 0 comments § permalink
Last August, psychic business owners Tommy and Marie Costello sued the City of Hattiesburg, Mississippi over the closure of their business – Psychic Marie.
Hattiesburg had shut their business down based on a law from 1929 banning fortune-telling within city limits.
The Costellos argued that the ban was an unconstitutional restraint on their right to free speech and due process. In their lawsuit, they asked for its repeal, and for unspecified damages.
The city of course disagreed, and responded that the ban was a legitimate regulation meant to protect the health, safety, and welfare of the residents of Hattiesburg.
In November, U.S. District Judge Keith Starrett ruled in favour of the Costellos and issued a preliminary injunction against the fortune-telling ordinance. In early December, Hattiesburg repealed the law.
Now finally, the story is almost coming to a close for the Costellos. Just last week, the City of Hattiesburg settled the lawsuit and agreed to pay $7,500 in damages.
Given that their business was shut down for almost a year, it’s not a lot of money, but it’s still quite a victory.
July 16th, 2012 § 0 comments § permalink
So in a follow-up to a follow-up I did a couple of weeks ago, the ban on fortune-telling in the City of Alexandria, Louisiana has definitely been struck down.
Last week, U.S. District Judge Dee Drell concurred with the earlier opinion of U.S. Magistrate James D. Kirk that Alexandria’s ban was an unconstitutional violation of the right of free speech.
According to nola.com and the Associated Press, Drell commented in his ruling that,
“We also note with interest that the ‘art’ of fortune telling proliferates in front of St Louis Cathedral, in the City of New Orleans, apparently without incident.”
I think that Alexandria will find that they’re safe too.
July 2nd, 2012 § 0 comments § permalink
Following up on a story from last September … it looks like Rachel Adams of Alexandria, Louisiana may have won her battle against that city and its fortune-telling ban.
A little over a week ago, US Magistrate Judge James D. Kirk ruled that Alexandria’s law against fortune-telling was unconstitutional in that it infringed on the First Amendment right of free speech.
The law itself not only prohibited psychic or Tarot readings for pay, it stated that it was unlawful …
“… for any person to engage in the business or practice of palmistry, card reading, astrology, fortunetelling, phrenology, mediums or activities of a similar nature within the city, regardless of whether a fee is charged directly or indirectly, or whether the services are rendered without a charge.”
The City had argued that ‘fortune-telling’ constituted commercial speech and could thus be regulated.
As reported by The Town Talk, Judge Kirk disagreed and ruled that the law should be struck down.
“To apply the ordinance literally would outlaw every ‘amateur psychiatrist, parlor sage and barstool philosopher’ in Alexandria who dares to suggest to another what the future may hold.”
In his 10-page recommendation, Kirk went on to make some more pretty powerful points,
“This attempt at ‘alchemy’ by the city to turn content-based speech into commercial speech just doesn’t shine … “
“My use of allegory and analogy is intended to demonstrate why we cannot afford to allow government to squelch free thought and speech without a compelling interest, and why even a fortuneteller’s speech must be protected …”
“For a government to believe that it knows all that is true and real, no matter how obvious it thinks it is, is arrogance, pure and simple. Our Constitution protects us from such government oppression.”
The City has two weeks to respond with objections.
June 25th, 2012 § 0 comments § permalink
It might soon be legal to open a psychic business in Gaithersburg, Maryland.
Last week, the Gaithersburg City Council proposed amendments to the city code that will repeal the present ban on fortune-telling businesses.
They also introduced changes to the city’s zoning laws to establish where such businesses may be located.
Until the zoning amendments are finalized, however, Gaithersburg will retain the right to deny applications for psychic business licenses.
According to the Gaithersburg Patch, Council expects a zoning proposal to be brought before them within the next few months.
June 12th, 2012 § 0 comments § permalink
Back in May, Selma, California City Council reviewed a ban on fortune-telling within their city limits that had been in effect since 1979. They decided then to rescind the law, but in its place put new conditions on such businesses.
Last week, council voted to add fourteen new conditions for getting a psychic business license in Selma. As reported by the HanfordSentinal.com, these conditions include:
•zoning bylaws that keep fortune tellers out of the central business district and at least 300 feet from parks, schools, or churches
•age restrictions on clients – you must be 18 or over to get a reading
•neon signage can only be used if it cannot be seen from outside of the business
These rules are in addition to getting a criminal background check. The check is meant to restrict anyone with a criminal record, or persons convicted of civil fraud from getting a license.
It was Stephanie Davis, a local palm-reader wanting to relocate her business to Selma, who opened the issue in the first place.
Her lawyer, Dennis Beaver, has maintained that the original ban was illegal per the constitution, as are some of the new regulations.
Some Selma citizens and council members disagree and are still calling for more restrictions, or a reinstatement of the former ban.
June 4th, 2012 § 0 comments § permalink
Consulting with ‘psychic’ animals has become quite a trend since Paul the Octopus took the soccer world by storm back in 2010.
Since then, anywhere there’s a playoff game scheduled, you’re likely to find an animal oracle making a call.
This year’s Euro Cup is no different, and the Ukraine has chosen Fred the Ferret to predict the outcome of the games.
Take a look at the ITN News report below to see Fred, and to get a quick review of some of the psychic animals that blazed the trail before him.
May 7th, 2012 § 0 comments § permalink
‘Fortune-telling’ might soon be legal in Selma, California.
Selma City Council will hold a public meeting today to discuss rescinding the present ban on psychic businesses. If they decide to drop the ban, new laws will be established to regulate such businesses.
Recommendations include criminal background checks for psychic readers seeking a business license, and zoning bylaws to restrict where psychic businesses can set up shop.
The present ban has been in place since 1979. A similar ban in nearby Azusa, California was struck down as unconstitutional in 1985.
May 1st, 2012 § 0 comments § permalink
It’s official, licenses for psychic businesses in Salem, Massachusetts are once again being issued.
As I posted last week, City Council temporarily suspended the issuance of licenses for new psychic businesses in July of 2011. Last Thursday, they voted to accept a new ordinance regulating such businesses.
Per the new law, only stores that dedicate at least 75% of their goods and services to fotunetelling and related products will be eligible for a psychic business license. This percentage has been increased from 51%.
The move was made to support psychic merchants who devote their business to the trade and to discourage psychics from setting up shop in businesses unrelated to fortunetelling, like clothing stores or coffee shops.
April 24th, 2012 § 0 comments § permalink
And there’s more Tarot and the law news this week … Salem, Massachusetts might begin issuing new licenses for psychic businesses starting May 1st.
Since July of last year, there’s been a moratorium on the issuance of licenses to new psychic businesses in Salem.
Council members have been reviewing the present regulations and have drawn up a new ordinance to be heard at City Council this coming Thursday.
According to The Salem News, under the new rules, a ‘fortuneteller’ license would only be issued to a business that devotes at least 75 percent of its goods and services to fortunetelling and related products.
The old rules required only 51 percent of a business to be designated as such.
These changes are expected to reduce the number of licenses issued for psychic businesses in the city.