Under Assault by Unconstitutional Laws
It’s great to live in Philadelphia! Being the birthplace of our great nation, Philly prides itself as a place founded on the ideals captured in our beloved Constitution. Being the day before Independence Day I thought I’d tell you a story about something going on up here.
There are times in our history when mistakes are made. Laws are passed that maybe don’t fully take into account the freedoms granted to us by our Constitution. In times like these action must be taken. It is our duty as citizens to uphold and protect the ideals that so many have fought and died for in our 232 year existence as a nation. We have a mechanism in place via our judicial branch that allows us to challenge contradictions and injustices in our own laws. There are even many organizations out there which provide assistance to those who need a louder voice.
Today, the city of Philadelphia is under assault by one of these laws. In April, the city passed a law that by it’s very nature is so heinous, discriminatory, and utterly unfair that citizens are in an uproar! Some say that at it’s core this law violates the First Amendment’s guaranty of free speech. Three citizens of our great city Mike Tait, Josh Silver and Ann Bourlais along with the Institute of Justice have had enough of this injustice and have filed a lawsuit challenging the constitutionality of this law.
So what is this law the the city so carelessly passed? According to the new law, beginning in the fall, all Philadelphia tour guides must take (and pass) a history exam and pay a fee to become a city licensed tour guide. Violators of the law would face a fine of $300. This law applies to all city tour guides including NPS guides, Duck Boat and Bus tours, carriage rides, and even foot guides. CAN YOU BELIEVE THIS INJUSTICE!
The city claims that this action was taken to ensure that all tour guides are providing proper and historically accurate information to the tourists that visit from all over the world. According to a local news article:
“The city of Philadelphia is trying to claim that is has the power who may speak and who may not and under our Constitution, that’s simply unacceptable,” said Robert McNamara of the Institute of Justice.
The group believe the new regulations would have a negative impact on small and independent businesses.
“What’s next? Are you going to start licensing comedians to guarantee the delivery they have is funny,” Boulais said. “Where does it stop?”
So let me clarify this. These people are claiming that their free speech is being violated because the city wants them all to be licensed. Let me tell you people something. Even the food cart operators have top be licensed. The city is not stopping these people from speaking. They can say whatever they want whenever they want. However, if they are being payed to provide a service (a business) then information they provide needs to factually accurate. This has nothing to do with free speech. It has everything to do with being qualified for the job.
Lets re-frame this. Will the city or state give me a plumbing license without passing the plumbing exam? NO! Will I be able to practice law without passing the Bar exam? NO! Can I practice medicine without passing a medical exam? NO!
NO! NO! NO! Freaking IDOITS! What a waste of time and my tax dollars. I love the quote above about comedians. What a poor analogy. You aren’t paying a comedian to give you accurate information.
So could my company be sued for not hiring a person who doesn’t have the job qualifications for the job they are gunning for? Of course not!
Are these people so lazy and stupid that can’t study for a history exam that they should already know the answers to? If they spent half the energy studying as they have put into this stupid lawsuit it would be no problem. I’d actually love to take the test and see how I stack up based on what I know right now. Can anybody arrange that?
I am sick and tired of our judicial system being so tied down by stupid lawsuits like this. These people should be responsible for ALL court costs associated with these ridiculous suits if they lose them…and this one will be lost. Maybe that would make them think twice.
So Happy Independence DAY!
July 3rd, 2008 at 3:01 pm
Phew! For a second, I thought you were with the uprising! I was trying to find a polite way to state my opinion, but the last half of the blog covers it nicely