[Market-farming] get a rope/ was Market Legal Problems --Assistance Requested
Mark A Abner
wizard1 at kih.net
Fri Oct 29 19:30:03 EDT 2004
Some states are forbiden unless permited legal system of law KY is permited unless forbiden so
we do what we want unless some law says we cant. As to needing a permit to assemble farmers on
private land. there is this little thing called the first amendment as I recall there is some
specific wording in there like freedom of assembly. If the county has a specific requirement
county wide about licenceing bussinesses then you may have to purchase a license but if they do
make you buy a licence since licence is a type of tax they have to provide services in exchange
for the tax like water and trash and fire protection. You also would have a vote or
representitive in the county fiscal court to represent you in KY these are magistrates and there
is a lot of competition for those positions so you can bring a good bit of influence to bear on
the county fiscal court system if something is out of reason.
Personaly I would run my market and if the county shows up hand them a copy of the first
amendment and a calling card for the civil liberties union and see what they do. A lot of town
and county ordinances arnt enforcable anyway as they can only prosecute you in district court
and the court can only try cases based in state law and the county cant legislate state law so
once they know you will go to court they back off.
But I would have liability insureance on the land where the market is being held so some
sore head dont stub his toe and sue the lot of you.
> In case the AZ crazies are snooping here, that was a joke about "get a rope". Do it legally.
> paul at largocreekfarms.com
> *********** REPLY SEPARATOR ***********
> On 10/29/2004 at 3:42 PM Tradingpost wrote:
> >A permit to assemble on private land? No Arizona statute stipulating that
> >we're free and clear to do what we want?
> >Anybody else think this is absurd? Since when is everything against the
> >law that's not specifically permitted? Has Arizona gone communist? Do
> >churches need an assembly permit? How about yard sales?
> >Get a lawyer. Accuse them of communist ideas, see how they react. Better
> >yet, get a rope.
> >paul at largocreekfarms.com
> >*********** REPLY SEPARATOR ***********
> >On 10/29/2004 at 4:54 PM cheselka at theriver.com wrote:
> >>Hello Everyone. Wow has it been a great 10 months!
> >>Our little Farmers' Market has been up and running for several weeks now
> >>and it's been going really really really great. However, the county has
> >>gotten wind of us (as a result of a "troublemaker") and is now wanting us
> >>to obtain a "Special Events Permit" so we can continue to run the market
> >>where we are.
> >>Here's the details: We're running the market on private land located in
> >>the county. The county powers-that-be admit that they don't have a
> >>category for us, but are requiring us to have a permit to assemble local
> >>farmers at this location to sell their fruits and veggies (we're a
> >>"producers only" market). The attorneys who work for the county seem to
> >>agree with this since there is no Arizona statute stipulating that we're
> >>free and clear to do what we want. It's the fact that we're an
> >>organization (the San Pedro Valley Farmers' Market) on county land doing
> >>commerce -- or allowing commerce to happen -- that has them all bent out
> >>So my question is this: has anyone else experienced similar trouble and
> >>what did you do about it? Also, if anyone has any suggestions as to what
> >>to do next, I'm all ears. Feel free to ask more questions if I haven't
> >>been clear enough on certain points. I've cc-ed out market manager on
> >>email just in case you want to talk to her instead.
> >>Thanks, y'all! Happy growin'!
> >>Matt Cheselka
> >>Cosmic Lettuce
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