VII. PUBLIC HEARINGS
3. Public hearing and introductory ordinance prohibiting any person from intentionally or knowingly displaying or distributing any obscene materials visual representations or performances with reckless disregard about whether a person is present who will be offended or alarmed by the display.
The item calls for a public hearing on a proposed ordinance to basically prohibit any act, or display of obscene materials that will offend or alarm any person in the presence of such act or display. Now let it be known that I am not a Constitutional scholar. But even with my rudimentary understanding of the United States Constitution and the Bill of Rights, I would say that any appelate judge would rule this proposed ordinance unconstitutional.
Here is the First Amendment from the U.S. Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
That sentence that says that Congress (government) shall make no law abridging the freedom of speech will be used to defeat any attempt by the Laredo city council to implement the proposed ordinance. I understand a certain city councilman's desire to restrict the dancing of scantily clad women outside of some beer runs in his district. If it is not illegal to burn the United States flag in public, or cover a statue of Jesus Christ with human waste, then dancing girls with few clothes will not qualify as obscene.
In this case it means that the city of Laredo does not have the power to limit these dancing girls if they are not nude. It is that simple.
I am curiously awaiting to see the city's definition of "obscene" materials, visual representations, or performances. Also, what is the city's definition of "reckless disregard"?
Also, under what circumstances will a person be deemed to be "offended or alarmed" by the above acts?
Does this mean if I am driving down the street and see an advertisement for beer showing scantily clad women, and I feel offended, that the sign will have to come down. What about the political cartoons in the Laredo Morning Times? What if I am offended by one of those cartoons? Will the LMT editor be held in violation of the ordinance?
My bet, that no one, repeat no one will stand up and speak against this proposed ordinance. I bet there will folks who stand up and speak against the idea of scantily clad ladies dancing in public though. And the city council will move forward with this ordinance.
College kids, high school students interested in government, this should be a MUST WATCH for you. You might see history made in that you will watch the birth of a city ordinance that will be later struck down by our court system.
Here is the First Amendment from the U.S. Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
That sentence that says that Congress (government) shall make no law abridging the freedom of speech will be used to defeat any attempt by the Laredo city council to implement the proposed ordinance. I understand a certain city councilman's desire to restrict the dancing of scantily clad women outside of some beer runs in his district. If it is not illegal to burn the United States flag in public, or cover a statue of Jesus Christ with human waste, then dancing girls with few clothes will not qualify as obscene.
In this case it means that the city of Laredo does not have the power to limit these dancing girls if they are not nude. It is that simple.
I am curiously awaiting to see the city's definition of "obscene" materials, visual representations, or performances. Also, what is the city's definition of "reckless disregard"?
Also, under what circumstances will a person be deemed to be "offended or alarmed" by the above acts?
Does this mean if I am driving down the street and see an advertisement for beer showing scantily clad women, and I feel offended, that the sign will have to come down. What about the political cartoons in the Laredo Morning Times? What if I am offended by one of those cartoons? Will the LMT editor be held in violation of the ordinance?
My bet, that no one, repeat no one will stand up and speak against this proposed ordinance. I bet there will folks who stand up and speak against the idea of scantily clad ladies dancing in public though. And the city council will move forward with this ordinance.
College kids, high school students interested in government, this should be a MUST WATCH for you. You might see history made in that you will watch the birth of a city ordinance that will be later struck down by our court system.
Critters and Crayons told me you had suggested I read your post on this issue. While I agree that it just won't fly, I think it is just a "going through the motions" to appease a few people type of ordinance because I am sure legal counsel would have already told them they can't make a blanket ordinance that can easily be challenged. It is just too weak for it to be taken seriously - another waste of time for council.
ReplyDeleteBut, can't do much about it unless they pass it and I decide to go do something "intentionally or knowingly displaying or distributing any obscene materials visual representations or performances with reckless disregard". Being a blogger, it's bound to happen and I am a pretty persistent defender of my rights :P.
Yep, we all must be on guard. I am going to post the actual ordinance here in a bit. I have been out mowing in 100+ degree heat. See, that there tells you how smart I am.
ReplyDeleteTom: Thanks for bringing this ordinance to our attention (I was too lazy and too ineffective to look it up and find it).
ReplyDeleteI agree you are right on all points, particularly the one on how the supporters of Beer Runs will not put up a fight (after all, that is the Laredo way).
But I can have hope.