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Is It Unconstitutional?

  Author:  36704  Category:(Debate) Created:(7/29/2003 6:22:00 PM)
This post has been Viewed (1046 times)

No, I'm not talking about the Ten Commandments on the courthouse wall.

Fortuneteller sues city 07/29/2003

Associated Press

DICKSON, Tenn. - A legal squabble was in the cards for fortuneteller Beth Daly.

The American Civil Liberties Union filed a federal lawsuit last week against the city of Dickson on behalf of Daly -- arguing city officials violated her free speech rights by barring her from selling her fortunetelling services.

ACLU director Hedy Weinberg says Daly is a law-abiding citizen who stopped selling $25 tarot readings at her store, Curiosity Corner New Age Shop, when told it was against the law. Daly then went to the ACLU for help in getting the law changed, but Dickson officials were unresponsive, Weinberg said.

"Our purpose in filing this lawsuit is to protect Ms. Daly's free speech rights, and it was our hope that this could be settled without going to court, and we tried to do that," Weinberg said.

Dickson prohibits anyone from making money as a fortuneteller. A city ordinance modified in 1980 makes it illegal for "any person to conduct the business of, solicit for, or ply the trade of fortuneteller, clairvoyant, hypnotist, spiritualist, palmist, phrenologist or other mystic endowed with supernatural powers."

The lawsuit -- the first filed by the ACLU of Tennessee on behalf of a fortuneteller -- asks for the ordinance to be declared unconstitutional and for Dickson to be prohibited from enforcing the ban. No court date has been set.

Dickson Councilwoman Linda Chambers says Daly is free to continue her tarot readings -- as long as the service is free.

By not allowing her to charge money for her services, are they infringing upon her constitutional rights?

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Replies:      
Date: 7/29/2003 6:26:00 PM  From Authorid: 11199    No it's not unconstitutional. the woman is allowed to voice her readings in public as long as it is free, for it to be unconstitutional it would have to be banned altogether. The woman can always get another job even if it is for mcDonalds.  
Date: 7/29/2003 6:53:00 PM  From Authorid: 3125    I think that any of those out there who makes money from others by claiming to read their fortunes should have to pass an examine and PROVE that they can do as they say. It should be so very unconstitutional that people (Cleo, etc) are permitted to scam others out of their hard earned dollars because they are such crooks and are too lazy to earn a living in a decent way. They prefer to scam the more naive out of their hard earned money that they worked for.  
Date: 7/29/2003 7:22:00 PM  From Authorid: 25756    Hey...if people are stupid enough to beleive that kind of thing...then so be it. It is a bit unconstitutional in a way...but, you know she is doing some false advertising there.  
Date: 7/29/2003 7:51:00 PM  From Authorid: 34814    Remind me not to move there. Yes they are messing with her and it is not right. That is freedom of alot of things they are taking away from her. And at 25 bucks that is cheap let me have her number. lol  
Date: 7/29/2003 7:53:00 PM  From Authorid: 34814    Cleo is a bad example. Guys there are some people out there who aren't fake. Around my town they charge 75 on up for a reading. I would pay 25 to see what someone had to say to me. I find it interesting.  
Date: 7/29/2003 8:03:00 PM  From Authorid: 34487    That's a good question. It kind of sounds like they're infringing upon her constitutional rights. Apparently, they've got that "free vs. charge issue" stuck in there... which isn't right either.  
Date: 7/29/2003 8:36:00 PM  ( From Author ) From Authorid: 36704    They can't pass an exam RUSURE there's been a million dollar challenge out there for years and no one's been able to get the money, why? because they're all frauds.  
Date: 7/29/2003 8:37:00 PM  ( From Author ) From Authorid: 36704    If she states that her services are for entertainment purposes only I don't think there should be a problem with her charging, as long as she's not trying to fraud people into actually believing that she can tell their future by reading a deck of cards.  
Date: 7/29/2003 9:28:00 PM  From Authorid: 3321    Yeah, it is because it is an ordinance that has a basis in religion, and also because the law is too narrow-it focuses on one group of people instead of being applied to other services that can be sold in the area. Because they are singling out her profession and targeting fortune-tellers, it is unlawful.  
Date: 7/30/2003 12:10:00 AM  From Authorid: 22080    i love hypocrisy in the morning  
Date: 7/30/2003 12:12:00 AM  From Authorid: 22080    rusure, if you look at the fine print in those scams you'll see that it says "for entertainment purpouses only" thats how you know its a scam  
Date: 7/30/2003 6:31:00 AM  From Authorid: 48809    Certainly it is unconstitutional to single this lady out because of her profession. Why should she not be able to receive money for her time spent giving readings to those who desire to have them? It is commonly believed by those who do not know what they are talking about that ALL mediums are fakes. How little they know. I have personally seen many really wonderful mediums and I also receive much from spirit myself, so the fact that there is one white crow means that not all crows are black! I would agree with Rusure that all mediums should be made to PROVE that they are dispensing truth to people ... only if the churches and the polititions were to come under this same restriction!! Do they not collect money for their efforts and do they always tell the truth? I think NOT! I wonder how many people who feel that she should not be able to charge for her work will refuse their OWN paycheck this week? lol. I think we ALL know the answer to that!  

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