
Local Government Flouts Bill of Rights and State Law, Shuts Down Local Businesses for "Thought Crime"
While Libertarians often point to the federal government as the main
source of our loss of liberty, the truth is that local governments are
more capable of implementing oppressive policies against people who
exercise their basic rights. Case in point: Libertarian Kenneth Griffin.
Twice Griffin has seen his family businesses, first a game room, then his
mother’s ice cream parlor, shut down by local officials. His great
offense against society? Griffin has publicly advocated the legalization
of industrial hemp and medical marijuana.
"Thought crime" is alive and well in the town of Lewiston-Woodville, in
western Bertie County. This county also drew attention last November,
when it was discovered that local elections officials had rigged the
ballots, both by manipulating the straight party vote counter and by using
white-out to remove one candidate’s name.
Griffin first opened his own arcade, and it functioned as a safe gathering
spot for local teenagers. He ran afoul of local authorities by also
selling industrial hemp products, and by displaying a poster advocating
legalizing medical marijuana, as well as LP literature on ending the drug
war. After he was shut down, he consolidated the arcade games into his
mother’s ice cream parlor, and again saw his business license arbitrarily
revoked. This happened although Griffin had not moved the hemp products
or any pro-hemp posters to the ice cream parlor.
Griffin has a very solid case against the town council, based on documents
he sent to the LPNC. Unfortunately, with his family business forcibly
closed, he lacks the resources to hire a lawyer to pursue justice. "I can
prove under the old ordinances," said Griffin, "that the town council and
police department illegally harassed our business and even wrote new
ordinances to make it impossible for us to operate a profitable business."
Griffin cited among the new ordinances directed at his business: that
there be no signs on his front window, specifically so police can see
inside clearly; severe restrictions on the presence of minors; mandates
that games not by used when the store is closed; strict mandates on when
he could be open for business, which are in conflict with state law; bans
on "loud noises" and "profane, obscene, or indecent language"; and a
command that "the interior of the game room is lighted throughout at a
level of 40 footcandles".
The real reason for these new blatantly unconstitutional ordinances can be
found in the list of restrictions on those who may be granted a license to
operate a game room. Three of the four disqualifications relate to drug or
alcohol use, and the other mandates North Carolina residency. Griffin had
recently moved back to Lewiston-Woodville from Virginia.
Even with all these targeted ordinances, incredibly Griffin has seen the
loss of his businesses without one citation being written. "I have even
begged the police," said Griffin, "to write me a ticket if I’m violating a
law so that I might be able to get in front of a judge to explain my
story, but after almost nine months not one ticket has been written."
"Many citizens and business owners have asked the town council and police
department for a justification for these ordinances," said Griffin. "No
reason was given other than the town council has a right to pass any
ordinance they feel is necessary to ensure public safety."
However, one town council member was unguarded enough to explain what this
bureaucratic reply really means. When asked by a local resident about the
ordinances, Dayle Vaughn replied, "we don’t want a game room operator who
believes marijuana should be legal." According to another resident, Vaughn
also openly admitted that the new rules were not requested by citizens,
but simply designed to run Griffin out of business.
The harassment began when the town council put pressure on the landlord of
Griffin’s first business. The council threatened to send a building
inspector with specific instructions to condemn the entire building,
although Griffin only rented a part of it. Faced with such intimidation,
the landlord terminated Griffin’s lease.
On February 9, 1998, the town council held a secret meeting, in violation
of the state’s open-meetings law. The only topic on the agenda was how to
drive Griffin out of business. Griffin only learned of this meeting in
January 1999, as he sifted through the council’s minutes of meetings held
in the last two years.
But the town abandoned their strategy in August of last year, as they
failed to cite Griffin for any violations. On October 7, 1998, the town
council of Lewiston-Woodville sent Griffin a letter threatening him with
lawsuits and continued harassment from the police, the local district
attorney, and all other political forces at their disposal.
"The town council and police department have financially and emotionally
destroyed me and my family," said Griffin. "Our businesses are now closed
and irreversible damage has been done to both of them."
If anyone reading this can help Kenny Griffin and his family, please contact
him care of the LPNC.
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