Creeping Tyranny Confirmed: N.Y. Town Bans Smoking on Sidewalks

If you smoke and are planning a trip to Great Neck, N.Y. any time soon, you had better refrain from lighting up on a sidewalk in front of a business, because it could end up costing you $1000.

Via myfoxny.com:

GREAT NECK, N.Y. - A village on Long Island's "gold coast" is banning smoking on public sidewalks in front of businesses. Violators could face a $1,000 fine.

The Great Neck village board approved the ban Tuesday night. It claims to be the first municipality in the state to enact such a restriction.

Mayor Ralph J. Kreitzman says the ban was enacted after officials got complaints about smokers standing outside stores in the village. He says the law will also benefit pedestrians who might have been subjected to second-hand smoke.

Kreitzman says, "I have no problem with people smoking. They just shouldn't do it in a place that harms other people."

Kreitzman tells Fox 5 that, despite the hefty fines violators could face, the ban is not an attempt to raise money for the village.

The mayor says code enforcement agents will be out to look for violations and he hopes the police will also help with enforcement.

One smoker told Fox 5 News, "I'm waiting for them to ban smoking in my yard, at my house, is it going to go that far?"

The law apparently has a loophole. It is not illegal to smoke in the street.

Neighboring New York City is currently considering a smoking ban in parks and pedestrian plazas.

There are local governments already passing laws to ban people from smoking inside their own domiciles.

How long will it be before the government starts telling people they can't light up on their own front porch?

This used to be a free country. I don't know what happened to it, but if the American sheeple don't soon wake up and pull their heads out of their asses, our chances of ever getting that country back are going to go up in smoke.

Short Take: Big Brother Invades Your Trash Can

I really have to wonder when the "turd counters" are coming, lest we flush too soon and waste more water than the monitoring government goon of the moment thinks we're entitled to.

And don't think for a minute something like that won't be tucked deep into whatever "climate" bill the commies are feverishly brewing up.

After all, they know their time is short.

N.C. Town to Residents: To Hell with the Constitution

In case you have been snowed in without power and haven't heard, on Friday, the residents of King, North Carolina, came under a "state of emergency" declared by the town's City Council due to the approaching bad weather.

This state of emergency automatically activated a state law that, according to the town's Chief of Police, automatically installs a curfew, restricts the sale of alcohol, and prohibits the transport of firearms in vehicles if a "driving ban" is called for as part of the "emergency."

A driving ban was included between midnight and 5am in this case, meaning that town residents were only allowed to bear arms on their own premises, and were thus prohibited from transporting them in their vehicles.

You can see the WXII12.com story here.

Here is an interesting video I found on YouTube:



Of course, many residents of the town were incensed at having their constitutional rights shat upon in such a tyrannical fashion, and expressed their displeasure in no uncertain terms.

Hopefully the residents of King, as well as citizens all across North Carolina, will now realize that elections do have consequences, and respond by removing the idiot politicians who are responsible for this unconstitutional action from office at their next opportunity. Perhaps sooner.

I see what happened in King this weekend to be a stark precursor to what life in Obama's Amerika could very well be like in the near future, as given the tyrannical leanings of those currently in power in D.C., I could easily envision something like this happening on a national scale.

The lesson here is that those of us to whom freedom and liberty still matter must remain ever vigilant, lest something similar happen to us.

You can read more about it here.

Today's Example of Government Run Amok

What is it about the state of Florida? If it isn't some hideous HOA Nazi organization giving homeowners hell about some minor infraction or other, it's municipal government goobers doing likewise.

Government Theft, SCOTUS Approved

Back in June of 2005, we of the freedom-oriented American disposition watched in horror as our so-called "conservative" Supreme Court of the United States (SCOTUS) essentially flushed our time-honored private property rights down the proverbial toilet, when they ruled in a now infamous 5-4 decision (Kelo vs. New London) that local governments could take your property by force for pretty much any reason they wished, which flies in the face of the 5th Amendment to the Constitution.

Now I recognize that eminent domain is necessary up to a point, as Right-of-Ways need to be obtained for roads, highways, power lines and other utility easements, along with other things intended for public use, as set fourth in the 5th Amendment. As long as the original property owner is compensated at fair market value, I have no real problem with it.

However, the Kelo decision paved the way for local governments to seize privately owned property for private use, meaning that if some developer decided he wanted part or all of your land for a shopping center, skating rink, or condo complex, they could now go to your local elected officials and have your property condemned, and then sold to the developer by force at whatever price the government decided was appropriate.

In essence, this ruling gave local governments a license to steal.

This hideous decision should have had American's fat, over-fed asses flying off the couch and hitting the streets in mass protest, but I guess there were just too many American Idol reruns to watch, as well as the latest celebrity gossip to be gleaned from Entertainment Tonight. Besides, as we all know, when it comes to government's abuse of power, well, that only happens to the other guy.

Nevertheless, being that most all politics are indeed local, there was just enough of a stink raised across America that many state legislatures moved to restrict the abilities of local governments to swipe the private property of their state's hapless citizens. Apparently that isn't going to help in the sad case of Jay and Stephanie Burkholder.

Via the Roanoke Times:

Court approves seizure of property for Carilion's Riverside Center

By Laurence Hammack | The Roanoke Times

After refusing to sell their land to make way for Carilion Clinic’s sprawling medical complex, Jay and Stephanie Burkholder will now have the 3-acre commercial tract taken from them in a forced legal sale.

Condemnation of the land by the Roanoke Redevelopment and Housing Authority does not violate Virginia’s eminent domain laws, Circuit Court Judge William Broadhurst ruled.

The decision marks the first time property has been seized for the Riverside Center, a gleaming business park and medical school being constructed where a mill and other aging industries once operated along Jefferson Street and Reserve Avenue.

After Carilion and the city announced plans for the project a decade ago, most of the businesses sold out to the development authority and were demolished to make way for the complex. But the Burkholders, who own the land where Surfaces operates a flooring business, held out.

The Burkholders refused an offer from the authority that they said was too low, then challenged the condemnation of their land in a two-year legal battle that followed.

In a decision dated Thursday, Broadhurst ruled that the redevelopment authority properly found that the area surrounding the Burkholders’ land was blighted, and thus subject to condemnation.

A jury will now be impaneled to determine a fair price for the property, which the authority will pay to the Burkholders.

Perhaps someday sanity will return to our nation's highest court, and the hideous Kelo decision will be overturned on constitutional grounds. Yet even if it is ultimately reversed, I wonder just how many of our fellow citizens will have had their property stolen and given over to a developer for yet another strip mall or movie theater in the interim.

As an aside, I know many among us are now counting on the so-called conservative SCOTUS to eventually strike down most or even all of the blatantly unconstitutional laws that have passed over the last year, and particularly those that have come about since Jan. 20, 2009.

I hope people will keep in mind that this is essentially the same court that decided government has more of a right to your property than you do.

Given that until Kelo, private property rights were considered sacrosanct by most, I wouldn't get my hopes up that they are going to enforce our Constitution anywhere else, either.

Freedom Wins Out Over Government Tyranny In Clearwater

Here at the Notepad, I have previously posted on the unfortunate saga of Clearwater, Fla. business owner Herb Quintera here and here, who ran afoul of his municipal government for first having murals painted on the exterior of his business, then got in even deeper doo-doo for erecting a large copy of the 1st Amendment on his commercial property.

I am happy to report that the city of Clearwater has backed down and agreed to a settlement:

Herb Quintero, represented by the American Civil Liberties Union, sued on the basis of the First Amendment. A fish mural painted on the side of his bait and tackle shop, "The Complete Angler" was at the center of the controversy.

The city said the mural was an advertisement and violated city code. Clearwater ordered Quintero to remove the mural and assessed fines. After a long legal battle, Clearwater is backing down.

Monday, City Council approved a $55,000 settlement that allows Quintero to keep the mural and even add to it. The settlement pays Quintero's fines and legal fees. He says the victory is bittersweet.

"We won the battle, but we definitely didn't win the war," Quintero said. "It's a shallow victory for us."

You can read the entire MyFoxTampaBay story here.

Shallow victory perhaps, but a victory nonetheless. Its just too bad the citizens of that town had to take a $55,000 hit in the ass due to the mindless rigidity of their over-zealous elected officials.

Well, elections do have their consequences, do they not?

It further appears the powers-that-be in that Florida town just don't get it when it comes to issues of freedom and liberty.

San Diego County Backs Off Permit Requirement for Home Bible Study

I previously mentioned the sad saga of Pastor David Jones and his wife's run-in with San Diego County bureaucrats over the fact that they were holding regular Bible study sessions in their own home.

I am happy to report that this lunacy has stopped, as the bureaucratic powers-that-be have seen the error of their ways and have backed off their ridiculous demands for a major use permit and threats of escalating fines:

"I want to offer my apology to you, your wife and your congregation for the unfortunate events of the past several weeks," said the letter from Walter F. Ekard, chief officer of the county. "My review of the situation shows that no administrative citation warning should have been issued and that a major use permit is not required for the Bible study you have in your home."

The letter continues:

"Our Code Enforcement Officer incorrectly made the finding based in no small measure on unclear language in the zoning ordinance," Ekard continued. "I have already issued several directives to county staff. First, I have asked the Department of Planning and Land Use and our county counsel to conduct a thorough review of ordinances regarding all assemblies to clarify that meetings

such as you are holding in your home may continue without regulation."

You will find Bob Unruh's entire WorldNetDaily article here.

Mr. Ekard, in his letter, did go on to say that this was, "in no way an attempt by San Diego County to infringe upon your religious freedoms."

I'm not sure I'm buying that given the nature of the inquisition Pastor Jones' wife underwent.

At any rate, this is one instance where an American citizen stood up to government insanity and successfully asserted his constitutional rights. Perhaps the next government bureaucrat will think twice before doing something similar to someone else in the future.

Who am I kidding?

HOA NAZIs Never Rest

As I have noted previously, I am not exactly fond of home owners associations (HOAs). Given my personal interactions with these hideous people over the years, I actually tend to think the Gestapo and the Stasi were staffed with warmer people.

This latest HOA outrage comes to us not from Florida, but oddly enough Texas, and involves a retired disabled Marine, his personal vehicle, stickers affixed thereon, and an HOA run by idiots and that apparently has way too much time on its hands.

Frank Larison, now 58, spent 14 years of his life serving this nation as a United Sates Marine. One of those years was spent on combat duty in Vietnam. Appropriately, Mr. Larison is rather proud of his service, and wanted to communicate this pride to others by placing stickers on his vehicle in support of the Marines. Seven of them, actually.

However, the HOA for the condo complex he resides in is crying foul, and threatening the retired Marine and combat veteran with all kinds of unpleasantness, which includes having his vehicle towed at his expense, as well as fining him $50 for any future infractions.

Apparently, this particular HOA from hell (as if there was one that isn't) has a rule that forbids placing any form of advertisements on vehicles. How this relates to displays in support of the Marines is beyond me.

My Fox Houston has the full report:


You can view the written version here.

Some neighbors are outraged.

"That is his identity," said neighbor Mary Castagna. "He goes to a lot of the veteran meetings, and it means a lot to him. Everyone else agrees with it; it doesn't bother anybody."

"He's in the Marines, and he's proud of it, and I don't blame him," said neighbor Paul Hardy. "If I'd gone through what he's gone through, I'd be kind of proud of it myself."

So would most of of us, Mr. Hardy.

But this is the strange part:

The letter from the board states you can't have any form of advertisement anywhere on your car on your property. FOX 4 cameras spotted bumper stickers for political parties, health causes, and other non-commercial interests on the property as well.

Hmm. Is it just possible the idiot HOA member who is giving Mr. Larison all this grief might just have a problem with our nation's military, and those who have served in it?

If I were Mr. Larison, I would be out sticker shopping.

But, that's just the kind of person I am.

I will be sure and keep an eye out for the outcome of this lunacy.

Home Bible Study Requires A Government Permit In San Diego County?

Apparently, if you intend to invite, say, about fifteen people over to your domicile for a Bible study in San Diego County, California, you might want to make sure you have tens of thousands of dollars lying around to pop for a "major use" permit.

That is exactly what a local pastor and his wife are being told by county government bureaucrats that they must do if they wish to continue to host Bible studies in their own home, which are usually attended by fifteen people or so.

Of course, this is ridiculous on its face, and obviously a case of a government-schooled, over-zealous bureaucrat who is more than a little ignorant of the concept of private property rights. Then again, this could be something more, based on the questions posed to the homeowner by the government bureaucrats (bolds are mine):

Attorney Dean Broyles of The Western Center For Law & Policy was shocked with what happened to the pastor and his wife.

Broyles said, "The county asked, 'Do you have a regular meeting in your home?' She said, 'Yes.' 'Do you say amen?' 'Yes.' 'Do you pray?' 'Yes.' 'Do you say praise the Lord?' 'Yes.'"

First of all, I find the inquisitorial nature of these questions to be well out of bounds, and not a little disturbing, particularly because they are being asked by a government employee. It almost seems as if the government was zeroing in on them because they happened to be Christian.

What business is it of the government's what is said by those attending a gathering in a private home? Do they ask similar questions to other residents who regularly have people over for a BBQ? A football game?

More to the point, would the government be this nosy if this were a Muslim gathering?

Somehow I doubt it.

The couple has sent a letter to the county demanding they back off, as this is a clear violation of their 1st Amendment rights as they relate to religious freedom.

If you ask me, that is just for starters, as there are property rights and other freedom-related issues in play here, as well. The couple has said that if the county continues to pursue this course of action, they will consider a federal lawsuit.

Good for them.

You can read the entire 10News.com story here.

Score One for the Constitution

Back in February, I posted about the unfortunate plight of Mr. Herb Quintera, a business owner in Clearwater, Florida, and the problems he was having with an overzealous bunch of local government busybodies, which eventually prompted the filing of a federal lawsuit against the city.

I am happy to note that a U.S. magistrate has recomended to a federal judge that Mr. Quintero's 1st Amendment rights be upheld and that the city government should back off. The case still has to go before a federal judge, but it appears Mr. Quintero will ultimately prevail.

Over the last month, this story has sparked outrage from all over the nation, as people (including myself) began flooding the city government with emails in support of Mr. Quitero's God-given right to free speech and freedom of expression:

"They're very abusive, profane, insulting e-mails," City Manager Bill Horne told the St. Petersburg Times. "I happen to believe we did the right thing."

Somehow I don't think Mr. Horne "gets it. "

Perhaps the good citizens of Clearwater will take note of this whole sad affair and toss Mr. Horne out into the street next election day.

(h/t: WorldNetDaily)

Government Run Amok

Given the focus on the current push by the socialists to take over our federal government (a battle which the left appears to be winning handily) it is sometimes easy to overlook the threats to our hard-won freedoms that state and local governments can often pose.

If you have been alive on this rock for more than say, 10 years, you have probably encountered situations where government is clearly overstepping its boundaries. I know I certainly have, and each of my experiences only stiffened my resolve to continue my personal war against government tyranny in any form, and not to go off and cower in a corner somewhere, as far too many Americans seem willing to do these days.

However, I have yet to encounter anything close to the government lunacy that one man has found himself face to face with in Clearwater, Florida.

No American citizen should have to endure this sort of bureaucratic tyranny by any government, not even for a minute.

I don't know what it is about local governments located within the Sunshine State, as they seem to all have a little wider totalitarian streak than many other areas of our nation.

(h/t: WorldNetDaily)

Illegal Criminal Invaders Sue Arizona Rancher

Imagine that you own a 22,000 acre ranch near Douglas, Arizona. Your spread has been a virtual highway for a sizable percentage of the swarm of illegal criminals who have been streaming across our southern border, practically unhindered, for decades.

You have seen your personal property destroyed by the illegal criminals who pass across you land. You have spent God only knows how much of your time cleaning up the refuse that is discarded by our neighbors to the south as they sneak into our country. You have seen your cattle killed by these people, and have had your domicile violated by them as well. You have personally apprehended over 12,000 of these illegal criminal invaders over the last decade, and handed them over to the U.S. Border Patrol.

What if sixteen of these Mexican criminals were now suing you in an American court, represented by lawyers licensed to practice in this country, and who are seeking to take $32 million from you?

Sound like something you would read over at theOnion.com? If this were a sane world, probably so. The sad reality is, it is happening right now in Arizona.

Sixteen illegal aliens are now suing 64 year-old ranch owner Roger Barnett in federal court.

They plaintiffs are alleging that Mr. Barnett, who apprehended these sixteen criminals on his private property, and held them at gun point until the authorities arrived, caused them emotional distress and violated their "civil rights." These uninvited foreigners are also alleging other "crimes" on the part of Mr Barnett, members of his family, as well as the sheriff of Cochise County, Ariz., who the lawsuit has named as co-defendants.

One of the few major media outlets that has even bothered to cover this hideous travesty is the Washington Times, and you can read their report on this lunacy here.

"In March, U.S. District Judge John Roll rejected a motion by Mr. Barnett to have the charges dropped, ruling there was sufficient evidence to allow the matter to be presented to a jury. Mr. Barnett's attorney, David Hardy, had argued that illegal immigrants did not have the same rights as U.S. citizens. "

This entire affair is beyond infuriating, to say the least, and for so many obvious reasons. It appears that this nation is slowly letting its sovereignty slide by the wayside.

You really have to wonder how much time a republic has left when it not only refuses to enforce its own borders, but allows non-citizens to use its own court system to bring litigation against its own citizens, even if the litigants have broken the law in numerous ways.

Move over, Mayans. Step to the side, Incas. Make a hole, Roman Empire. It appears things may soon be getting a little crowded on the ash-heap of history.

Another HOA NAZI Horror Story From, You Guessed It - Florida

If you own a home in the Ibis Cove community in Naples, Florida, or an any other community governed by freedom-hating HOA Nazis, for that matter, you best read the mouse print on your agreements before putting up any outdoor Christmas decorations.

Retired police officer Tom Hayes and his wife Ann Marie, residents of Ibis Cove, are finding out the hard way that running afoul of the HOA fascists that govern their community can be rather expensive, as they is now facing up to $1000 in fines, and he and his family have been banned from occupying any common areas of the community until he pays up.

Ann Marie Hayes, who heads the children’s social committee in Ibis Cove, said she was planning a Christmas party for the children in the community on Saturday. But the decoration fracas has caused the homeowners association to temporarily revoke the Hayes’ common area privileges, so she said she can’t go in the clubhouse.

How utterly ridiculous.

Is Our Constitution Headed for a Re-Write?

Imagine the sudden loss of your God-given and Constitutionally guaranteed right to express yourself freely. Imagine government agents rousting you from your slumber and curtly informing you that they are in your home to search for and confiscate any and all firearms. Imagine you are arrested and charged with a crime then denied legal representation.

Sound unthinkable? After all, this is the good ol' United States of Amurrica, you say. Why, nothing like that could ever happen here, right?

Many people might not think so, but some believe we are far closer to this happening than most of us want to even think about.

The American Policy Center has issued an alert warning that we are but two states away from convening a Constitutional Convention (CC). Thirty-two states have already voted to convene, ostensibly to insert a balanced budget amendment into our founding document. Once thirty-four states have voted in the affirmative, Congress has no choice but to then convene a CC.

Oh, but what could possibly be wrong with a balanced budget amendment, you ask? Actually, plenty, but that isn't the issue here. The real problem is, once a CC is convened, there are virtually no set rules as to how it is to be conducted.

It would essentially mean the Constitution would be up for grabs, and our rights along with it.

If a balanced budget amendment is what people are after (and I am opposed to it, personally) there is a much safer way to add such an amendment to our Constitution without opening it up for mass modification, if not its very destruction.

Given the PC times we live in, when American citizens are quite literally losing their livelihoods for using words and phrases some find offensive, and others are finding themselves unemployed for simply contributing to a political cause some do not agree with, I can easily see an attempt by those who hate freedom to modify or eliminate the 1st Amendment altogether. What a colossal blow to our freedoms that would be!

As for the 2nd Amendment, how long do you think it would last if a CC was convened in this day and age? Not long, I'd say.

And what of our property rights? Just take a look at the damage Ruth Bader Ginsburg did to those in a SCOTUS vote not too terribly long ago. Thanks to the rights protected by our Constitution, that hideous eminent domain ruling is just possibly headed for reversal somewhere down the road. Should our Constitutional right to own property be taken away, any chance of a future reversal would instantly evaporate. What is more, the avenues government could then use to separate us from our property would most likely widen substantially, and could easily swerve into some unexpected directions.

What would be in place to stop it?

I can easily see the rabid freedom-haters among us gladly getting involved and, in their zeal to right every perceived wrong in this country, feverishly go about re-writing our founding document from top to bottom, and there is virtually nothing Congress can do about it once the process starts.

Just think, none of our cherished rights would be safe if a CC were to be convened in this day and age. Not one!

Just last week, a vote to convene a CC was delayed in Ohio, thanks mostly to the efforts of many freedom-loving real Americans who fully understand the danger that our Constitution, not to mention our very way of life, would be in should a CC actually take place in this country. An interesting video of those proceedings can be found here.

What I found not a little disconcerting is that a fairly extensive internet search turned up a veritable dust storm of coverage in the libertarian and, to a lesser extent conservative blogosphere, as well as on a handful of conservative internet news sites, but there was virtually no mention of it anywhere in the MSM.

Of course, I should have known that any hopes that the self-appointed "watchdogs of the people" would be of any help at all in aiding us in our effort to preserve our increasingly fragile freedoms would be decidedly misplaced. I am quite certain a sizable majority of the media would dearly love to see our founding document altered or re-written, if not done away with altogether.

I will be keeping an eye on this, as I have seen a blurb or two here and there suggesting that some other states might soon be considering a vote in this area as well. In these decidedly insane times, anything can happen at any time.

For God sakes, stay awake, people!

83 Year Old Woman Threatened With Jail Time-and You Won't Believe Why

This is the type of story that I like to highlight, even though they literally make my blood boil. Many people like to gloss over things like this, taking the attitude that, "Well hey, it doesn't affect me, so why should I care," or something similarly ignorant.

Just because this sort of thing is happening way out in California does not mean that is will not ultimately affect the rest of us.

When government becomes this tyrannical with one American, they have gotten this way with us all.

"He began yelling orders at me and said he wanted to bring in inspectors," Camargo said. "He wanted to come in, and I said, 'No way am I going to let you in. Are you telling me this isn't America anymore?' "

Thank God that where I live, no government bureaucrat would ever get away with treating a citizen in this hideous fashion.

When I asked why they were taking pictures, the police asked me for my ID. I asked why they needed my ID, and they put me in handcuffs."

Unbelievable.

What is happening to our country?

Homeowner Association Nazis Send Man to Jail over Dead Lawn

I have read all kinds of horror stories about how homeowners are treated by these hideous organizations over the years. One of my favorites came out shortly after the 9/11 attacks:

It was about a man whose neighborhood Nazis didn't like the fact that he had erected a large American flag in his very own front yard, and sued him in an attempt to force the removal of the pole and the flag flying on it.

His response was to promptly install a much larger pole and flag. Eventually, the home owner's association relented, but not before a great deal of other people's money and time was needlessly wasted.

That story brought a smile to my face, as I would have done the exact same thing as the homeowner.

Personally, I have no use for these dens of busy-bodies with too much time on their hands. Having run afoul of more than one home owner's association in my life, I can tell you that they can be downright unpleasant to deal with.

If you are familiar in any way with how the Nazi party was organized at the neighborhood level in 1930s Germany, then you have a pretty good idea how many home owner's associations are organized today. Okay, I am exaggerating here, but just a little.

For some reason, it seems the most Nazified of these organizations are located in the state of Florida. Perhaps this is because of the high number of retirees living there who have nothing better to do with their time than to try and control the lives of those living around them.

Meet Joseph Prudente-father, grandfather and Florida homeowner. He is also a man who has come into some financial hard times. To top it all off, he is now serving jail time. Indefinite jail time.

His crime? Failing to sod his yard.

*Warning: If you are a true freedom-loving American, particularly one who suffers from high blood pressure, you might not want to click on the above link. It positively made my blood boil.

This used to be a free country. What happened?

(h/t: boortz.com)