Monday, October 14, 2013

Will the county commission create an adult dress code?

A vaudeville routine — one based on the difference between permission and ability — comes to mind when considering what could have been going on backstage before a recent meeting of the Maury County Commission’s Administrative Committee.
Apparently, cooler heads prevailed when discussion was postponed on whether county rules should prevent Americans from wearing T-shirts with political speech printed on the cotton during meetings of our county’s governing body, or even whether placards would be permitted. It seems like an adult version of fabricating a school dress code.
Anyway, somebody suggested that people attending county meetings be prohibited from expressing their political thoughts on shirts or signs.
Why? Well, recently in Columbia, there were many signs and people wearing shirts stating their opinion that the county should prevent the establishment of a landfill near the town line.
“You see,” one official could have told another before the administrative committee meeting, “you can pass a rule to suspend free speech, but you may not enforce it.”
Once there’s a violation of such a rule and a victim of its enforcement, then there’s a violation of the First Amendment protecting free speech. Setting aside what punishment might be imposed, if the victim wants to protect their constitutional right, they may go to court. In my opinion, the county would lose.
There’s no shortage of lawyers who would take the case. The county would pay attorney fees and legal costs. There might even be punitive damages. If the case was brought on behalf of an organization opposing the landfill, then the county might be funding an anti-landfill group.
Admittedly, that’s an extrapolation — just saying what might happen — but it’s a fairly simple legal issue.
Without extrapolating on the ramifications of state law on landfills, elected officials of Columbia and Maury County should by now know about Tennessee Code Annotated, Title 68, Chapter 211, Part 7. It’s the Jackson Law. It lists criteria upon which landfill plans must be judged. It includes authority for municipalities within a mile of proposed landfills.
This isn’t vaudeville.
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