The Tarot Room – Georgianna

Tommy and Marie Costello have won their battle against the fortune-telling ban in Hattiesburg, Mississippi.

Last September they filed suit against the City claiming that the ban was an illegal restriction of free speech in violation of both the U.S. and Mississippi constitutions.

On Tuesday, a federal court agreed, and handed down a preliminary injunction against the ban, prompting Hattiesburg City Attorney Charles Lawrence to recommend that the ordinance be repealed.

According to City Councillor Kim Bradley, it will take another 90 days before the ban is lifted. In the meantime, Council will come up with zoning regulations for new psychic establishments.

As of Tuesday, however, the Costellos and their shop are open and ready for business.

I congratulate them on their win and thank them for their courage to take a stand.

This ban has been in place for almost 100 years, and as Councillor Bradley acknowledges in the news clip below, the change is overdue.

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Mississippi Flag

In September, I wrote about Tommy and Marie Costello’s suit against the City of Hattiesburg, Mississippi.

They argued that the fortune-telling ban that forced them to shut down their business last December is an illegal restraint on their rights to free speech and due process per the US and Mississippi constitutions.

Last week, the city responded with their answer, claiming that the present law does not violate US or state constitutions.

They also contend that in order to protect the health, safety and welfare of the residents of their city, Hattiesburg has a legitimate interest in regulating, or in this case outlawing, psychic businesses.

This sounds a lot like the argument made by Chesterfield County, Virginia a few weeks ago.

In that case, the Virginia Federal District Court upheld the right of Chesterfield to heavily regulate what they describe as ‘fortune-telling’.

It flies in the face, however, of the 2010 decision by the Maryland High Court that prohibitions on such businesses are in fact violations of the federal constitution.

It’ll be interesting to see how the courts decide. As might be expected, I’m rooting for free speech.

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Flag of Virginia

This week, the Virginia Federal District Court rejected a constitutional challenge to Chesterfield County’s fortune-telling regulations.

Patricia Moore-King, working under the name of Psychic Sophie, is a psychic practitioner, spiritual counselor, Tarot writer and teacher.  She challenged the law after being denied a business license back in 2009.

The county deemed her a ‘fortune-teller’, and rejected her application. In Chesterfield, a fortune-teller is defined as,

Any person or establishment engaged in the occupation of occult science including a fortune-teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. 

Chesterfield County, Virginia

Though fortune-telling, or psychic reading isn’t technically illegal in Chesterfield County, the rules are so tight it might as well be.

To open a psychic business, the operator must start by paying a $300 tax in order to obtain a business license. It’s worth noting that most businesses in the county that earn less than $10,000 a year don’t have to pay such a tax. Nightclubs and adult businesses only have to pay $100.

In addition to the tax, a ‘fortune-teller’ has to submit five personal references from residents of the county confirming their ‘good character and honest demeanor,’ and that they’re ‘bona fide county residents’.

The references are sent to the Chief of Police who can then choose to do a criminal background check on the applicant and make further inquires about their moral character. A Police Permit must be granted in order for a license to be approved, and the Chief of Police has final discretion.

Performing fortune-telling services without a license can lead to fines of up to $500 for each offense.

If a license is approved, the psychic business can only be established in the General Business District. Other businesses zoned to this district include adult businesses, pawnbrokers, auction houses, material reclamation yards, and vehicle impoundment lots.

Even within the general business zone, and while holding a license, there’s no guarantee a psychic reader can set up shop. They must first obtain a Conditional Use Permit, which may or may not be granted. Both the Planning Commission and the Board of Supervisors must review the application. Either can reject it, or prescribe additional conditions to the rules already in place.

In her complaint, King argued that her work constitutes free speech according to the US Constitution, and that the zoning laws and onerous license procedures inhibit her freedom of expression and discriminate against her based on her beliefs, viewpoint, and content of expression.

She also maintained that the regulations violated her freedom of religion. She felt that by defining her work as ‘fortune-telling’ and ‘occult’, and restricting that activity, she and her beliefs were being discriminated against without any compelling governmental interest for doing so.

The Virginia Federal District Court disagreed. They decided that her predictions and counseling services were ‘inherently deceptive commercial speech, and that the regulation of them is reasonably drawn.’

They rejected the argument that King’s rights were violated under the First or Fourteenth Amendments, or the Religious Land Use claims she brought forward.

It’s a disappointing decision. I hope it gets appealed and eventually overturned.

If you’re interested in reading more about it. Jason Pitzi-Waters has been covering the case for a while and has an excellent post about it up on his blog. There’s a fantastic quote from Mary Greer at the bottom of the article.

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Babylon Village

The Board of Trustees for Babylon Village, Long Island, is considering a set of new regulations for psychic reading businesses.

The new proposal recommends they be rezoned to the industrial part of town presently populated by small factories, gas stations, and a gym.

This zone not only serves industry, it’s also the location designated for businesses described by the village code as having ‘objectionable characteristics’.

If anyone in Babylon Village decides to open a peep show, massage parlour, adult bookstore, or porn house, this is where they’d have to set up shop.

In addition to rezoning to the sketchy part of town, the proposal would require psychic readers to obtain a license, be fingerprinted, and buy liability insurance to run their business.

Mayor Ralph Scordino insists there’s no intent to disparage clairvoyants, only a desire to protect the public.

The one psychic storefront presently in the downtown core would be allowed to remain where it is.

Trustees are scheduled to vote on the new regulations September 27th.

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Downtown Alexandria

Rachel Adams, a psychic living in Alexandria, Louisiana, is taking her new town to court.

She’s trying to overturn a fortune-telling ban that prohibits her from operating her business, Readings by Faith.

When Adams moved to Alexandria last year, she applied for a business license to open her shop. Not only was she refused a license, she was cited by police and faced a potential $500 fine or 12 months in jail.

According to Section 15-127 of the city code, even if you’re doing it for free, psychic and Tarot readings are illegal in Alexandria.

The Town Talk newspaper reports that it’s 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.

Adams sees her psychic work as an expression of her religion, and according to her attorney, Tommy Davenport, the ordinance is suppressing her ability to practice her faith.

Members of the Alexandria Council, said that they were surprised by the suit, and wished Adams had approached them first before filing.

They said that they would have considered an amendment to the ordinance rather than trying to defend it in court.

Adams’ attorney, however, said that due to the criminal charge against his client, the lawsuit was the best way to proceed.

And he may have been right. Just two hours after presenting four similar cases where fortune-telling bans were overturned, charges against Adams were dropped.

Davenport hopes it’s a good sign that the ordinance itself will soon be overturned. I hope so too.

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Mississippi State Seal

Last week, Tommy and Marie Costello filed suit in U.S. District Court against Hattiesburg, Mississippi, claiming its fortune-telling ban is illegal.

The couple was issued a notice of violation on December 29th of last year for their business, Marie – Psychic Reader.

Though they went ahead and closed down their shop, they feel that the law against fortune-telling is illegal censorship, and in violation of both the U.S. and Mississippi constitutions.

Further, they claim that their rights to due process have been violated, and that their ability to discuss their skills and to advertise their professional services have been silenced.

The Costellos seek a declaration that the city ordinance is illegal prior restraint of free speech, an injunction requiring repeal of the ordinance, and unspecified damages.

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Frankfort, Kentucky

Angela K. Cornett, a massage therapist from Frankfort, Kentucky, made an interesting observation in an article she wrote for the State Journal.

When she was looking over the various business license fees in her city, she discovered that some professions were being charged a lot more for their licenses than others.

And it didn’t seem to be based on how much they might earn. Here’s a list of some business license fees Cornett mentions in her article:

•Precious Metal Dealer – $10 a year
•Massage Therapist for one location – $60 a year
•Itinerant Massage Therapist ie. setting up a stand at county fairs, or other public events – $150 each event
•Convention Center or Hotel business – $1,000 a year
•Fortune-telling business – $1,500 a year

Pretty hefty fees for psychics and itinerant massage therapists. You’d almost think Frankfort was discouraging them from doing business there.

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The saga continues … Meridian, Mississippi has changed their minds again. Fortune-telling is now legal.

City council voted 3-1 on Tuesday in favour of rescinding the longstanding, and hotly debated ban on fortune-telling in the city.

Threats of legal action by the American Civil Liberties Union prompted the change of heart. A lawsuit would be expensive, and the city would likely lose on constitutional grounds.

But not all councillors were convinced, and psychic readers won’t be able to set up shop just anywhere in Meridian.

Though such businesses are now legal, according to the Sun Herald, business zoning classifications for where they’ll be allowed will be highly restrictive.

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Seal of Cook County

It’s now legal to juggle, perform acrobatic feats, and read fortunes in Cook County, Illinois’ Forest Preserve.

The Forest Preserve commissioners took time out last week to clean up some of the old, and possibly illegal, ordinances they still had on the books.

According to Dennis White, attorney for the County, the rules against juggling and acrobatics were probably instituted to discourage carnivals or circuses from setting up in the preserve.

If that’s true, I’d guess that’s also why fortune-telling was banned. But the decision to lift the ban had nothing to do with circuses.

According to one of the commissioners, that was done because the ordinance didn’t define what fortune-telling is.

So it’s now okay to juggle, somersault, and divine at the preserve. But take note, it’s still illegal to go naked on its driving range and golf course.

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Flag of Tennessee

The American Civil Liberties Union of Tennessee filed a case in Federal Court last month challenging fortune-telling restrictions in Sevierville.

Psychic and Tarot reader, Rose Williams, was ordered by the City last September to stop offering fortune-telling services, or shut down her business.

Considered ‘adult oriented activity’, she was told she could only continue her work in designated zones.

According to Sevierville bylaw, sexually oriented businesses, tattoo parlors, and psychic and palm reading activities must be at least 1000 feet from any school, church, public assembly facility, and/or residential zoning district.

Williams’ business abuts a residential zoning district.

The ACLU-TN is arguing that the zoning ordinance unconstitutionally limits Williams’ freedom of speech and expression, and deprives her of her rights as granted under the first and fourteenth amendments.

They’re seeking for the ordinance to be overturned, an injunction put in place to prohibit its enforcement, and that Williams be awarded actual and nominal damages.

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