Re: Mayoral race
Kevin Dempsey Peterson (peterson@ocf.Berkeley.EDU)
Sat, 7 Feb 1998 21:32:50 -0800
On 8 Feb 1998, Daniel C. Burton wrote:
>This probably means Mayor Dean is also less libertarian on social issues.
>Specifically, I know she supported an anti-pan-handling ordinance which
>limited the freedom of speech.
(Definitely agree that conservative != libertarian, but)
So you are in favor of people violating a business owner's property
rights by restricting his right to evict loiterers who are driving off
business?
It bites both ways. I'm not sure of the current status of panhandling
in Berkeley, nor do I know what exactly the ordinance would have done,
but in most cases, the property line goes to the street. If someone is
pan handling two feet outside of blondie's, they are probably
trespassing. Free speech is a very over-used argument for
trespassing. It comes down to whether these "semi-public" areas are
public, and free speech applies, or private, and property rights apply.
You can't, under current law, evict petitioners or proselitizers from a
mall. How about [harrassing patrons/exercising free speech] inside the
store itself?
People's rights do conflict. It's not a case of "this law restricts a
right", but "this law unreasonably restricts a right without protecting
another important right".
--
peterson@autobahn.org (preferred)
http://www.autobahn.org/~peterson