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.
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.
‘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.
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.
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.
Earlier this month, the Board of Aldermen for Somerville, Massachusetts, passed an ordinance requiring ‘fortunetellers’ to obtain a license before opening a business in Somerville.
According to the Somerville Patch, the ordinance defines ‘fortunetelling’ as …
… the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act.
In an attempt to keep convicted frauds from obtaining a fortunetelling license, readers must now undergo a criminal background check, as well as provide the city with information about any consumer complaints that may have been lodged against them.
Fines for violating the ordinance will be $100 for the first offense, increasing up to $300 for subsequent offenses.
Opening a psychic shop or tattoo parlour just got a little less expensive in San Clemente, California.
Until last week, if you wanted to open either type of business in San Clemente, you would be charged a daily license tax of $20. That’s just over $7,000 a year.
In comparison, medical offices pay on average $400 a year, while most auto-mechanic shops pay about $600.
Thanks to tattoo artist Susie Floyd who challenged the city, Council voted 5-0 last week to do away with the unfair fee schedule and to treat psychic and tattoo businesses the same as others in the area.
According to the Boston Herald, seven Boston psychic businesses were asked to appear before the city Licensing Board last week, after being cited for license violations.
To obtain a psychic business license in Boston, the applicant must prove to the city that they are registered voters and that they have not been convicted of any state or federal crimes.
They must also prove that not only their landlord approves of their business, but also those residents who might live or work on either side.
Psychic businesses are also required to clearly list their services, and how much each will cost.
I’m not sure how the meeting went, or what specific violations each of the businesses had, but if I learn more, I’ll let you know.
Last week, city commissioners in Leavenworth, Kansas began discussing the possibility of repealing a city ban on fortune-telling that’s been on the books for ages.
Presently, the ordinance states that it is ‘unlawful for any fortuneteller, palmist, phrenologist or clairvoyant to carry on or practice his business, trade or profession within the city.’
Commissioners are considering repealing this law, and instead regulating psychic businesses through licensing, zoning, and possibly criminal background checks.
The whole discussion surrounding the ban came about after a Leavenworth resident requested last December that it be repealed.
The ACLU of Kansas and Western Missouri backed up the resident’s request by notifying city officials that psychic speech was protected under the First Amendment.
No decision has yet been made, but further discussion will take place after commissioners have had time to review their options.
