Chris Connelly address’s City Council asking them for a Judiciary Review of the law pertaining to parking on your lawn and many others that are innocently criminalizing the citizens of the city because this isn’t the only one…
Two weeks ago at the last City Council meeting I asked a very important question to the council. The question was this, “does the City Council have the power to overturn unconstitutional laws that may be presented.” The answer was yes. Now while the council has established verbally it’s authority to do so I will now present to the council it’s obligation of follow-through regarding this manner in spite of Mr. Van Nests assurance of the yard parking ordinance being Constitutional.
Before I tackle that issue though, I want it to be precorsed by this, the motive uncovering all this is not to create an us versus them mentality, between the governing and governed. Albeit some of the things spoken here may be abrasive and give that perception. Last Monday we celebrated Martin Luther King day and it’s in the words he wrote which reflect the expression of why were here today. He said in regards to the injustices he sought to be wrought in his day:
Actually we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out to the open where it can be seen and dealt with. Like a boil that can never be cured as long as it covered up but must be opened with all its puss flowing ugliness to the natural medicines of air and light, injustice must also likewise be exposed, with all of the tension it’s exposing creates, to the light of human conscience in the air of national opinion before it can be cured.
Dr. Martin Luther King also noted in his writings that the legality of the law does not reflect its morality and in our case it’s constitutionality.
In honor of Dr. King today I would humbly ask that you would be long suffering in hearing and know my sincerest intentions are for everyone in this room and my persistence for principles.
In the zoning in comprehensive plan used by Batavia on the second page under the heading of early challenges to zoning, it states the following ” common-law has long recognize that certain uses of properties, were or could be so undesirable that neighboring landowners in the community as a whole have the right to request their termination thus arose the theory of nuisance.
It seems to me, and correct me if I’m wrong that the premise of which this law rests on is the idea or theory that it is a public nuisance. So with that being said lets defined what a public nuisance is.
According to Cornell university of law A Public Nuisance is an activity or thing that affects the health, safety, or morals of a community. It is distinguished from a private nuisance, which harms only a neighbor or a few individuals. For example, a factory that spews out clouds of noxious fumes is a public nuisance, but playing drums at three in the morning is a private nuisance bothering only the immediate neighbors.
Further solidifying this is the definition used in the zoning in comprehensive plan:
The validity of the laws constitutionality must be substantially related to public health safety morals or general welfare.
Now with the information that has been presented in conjunction with it’s clear obstruction that I have outline before of my Fifth Amendment right, that is that private property shall not be taken for public use without just compensation. This law of a yard parking ordinance can anyone on the council expressed to me here and now how this law protects public health safety morals or the general welfare of the public. More specifically I would ask who’s rights are being violated by anyone in the city by parking on their own property?
James Madison one said
“Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives.”
This is our intention and we believe the counsels too, therefore
In closing I would ask the Council for a true judiciary review of this law and many others that are innocently criminalizing the citizens of the city because this isn’t the only one… Under chapter 3 of the city charter subsection 3-8 this would be possible by calling a special counsel meeting. This can be done by the president of the counsel or 3 members of the counsel at anytime an set forth at another day.