San Diego tries to ban Christianity

@Merry Andrew,

Because beating dead horses is the Way of the Web. It's the code we live by.

1 Reply

@Thomas,

Thomas wrote:

Because beating dead horses is the Way of the Web. It's the code we live by.

Memorable; u have a way with words, Thomas.

David

0 Replies

@BillRM,

BillRM wrote:

More the likely such behaviors as keying will begin if not worst as a result
of the town backing away from their duty to maintain peace in the first place.

I have found it annoying, indeed, when I 've come home
and coud not park in front of my house,
but vandalism simply did not occur to me,
for I know that any citizen has a right to park in the street
(a right of which I have availed myself many times),
tho I have no churches in the immediate vicinity.

David

P.S.
The issue at hand has nothing to do
with maintaining peace in the first place.

0 Replies

@TexazEric,

Sorry the matter is not moot as the condition still exist in that neighborhood and will result in non-peace and civil disorder in my opinion.

I am waiting now to hear about cars being damage and other events happening due to the town not doing their duty to stop a public nuisance.

Someone who can not leave their home for the third time that month or need to walk to their home in a rain storm is more then likely sooner or later going to knock on the pastor door and punch him.

Sadly we will be hearing about this in the future.

2 Replies

@BillRM,

BillRM wrote:

Sorry the matter is not moot as the condition still exist in that neighborhood and will result in non-peace and civil disorder in my opinion.

I am waiting now to hear about cars being damage and other events happening due to the town not doing their duty to stop a public nuisance.

Someone who can not leave their home for the third time that month or need to walk to their home in a rain storm is more then likely sooner or later going to knock on the pastor door and punch him.

Sadly we will be hearing about this in the future.

This is nonsense.
Everyone is free to park in the street.
Its a public street.

David

1 Reply

@OmSigDAVID,

The only way that San Diego could enforce anything would be to require parking stickers for residents and to allow a specific number of guests besides(all others would be ticketed or towed and fined). Otherwise its unenforceable , especially with the addition of a religious reference.

However, limiting the frequency and number of guests IN the house and to base it on as asswipey a point as religion is just plain stupid and is asking for a suit and more trouble than the town could handle.

2 Replies

@farmerman,

Sorry farmerman you can restrict having a meeting hall for any reason in a residence neighborhood.

You can also restrict how many people can live in a home what kind of a relationship they can have how many pets they can have and on and on.

But you are of the opinion that you can not restrict setting up a public meeting hall is that your position?

1 Reply

@BillRM,

You really dont get local zoning as it affects PRIVATE HOMES. You are the one that begins calling it a meeting hall. I dont think that is what the pastor even had. IT WAS HIS PRIVATE HOME. He can have as many guests as he likes.

Quote:

But you are of the opinion that you can not restrict setting up a public meeting hall is that your position?

You are miscasting the entire thing sir. YOU CANNOT RESTRICT ANY KIND OF VISITATION IN A PRIVATE HOME. What part of private home dont you unsderstand?

2 Replies

@farmerman,

And would you please tell me under what theory of law that zoning can not cover the behaviors and actively at private homes to prevent having a public nuisance?

All kind of laws under common law police powers are enforce every day in this country concerning private homes.

You have noise level controls you have when you can water your lawns, the time of day that you can mow your lawn IE part of the noise level. The kind of lighting system around your home.

Hell the zoning can tell you who can live in those homes in the first place and the number of people you can have in those homes at any one time.

The pastor is setting up a public nuisance that reach out of his property into the surrounding neighborhood as a direct result of those meetings.

Saying private home over and over does not change either the legal situation or the duty of the town to enforce it zoning laws.

2 Replies

@farmerman,

Would you feel better if the meetings was limits by enforcing the fire safety laws on the number of people who can be in a home at any one time?

Most areas have laws that deal with the maximum number of people that can be in a structure at any time including private homes.

Or do you have a problem with enforcing fire codes in connection to private homes also?

1 Reply

Personally, i think the Pennsylvania legislature should limit the number of English per square mile who are allowed in any county in which plain folk reside.

Pack up, FM . . .

0 Replies

@farmerman,

The possibility occurs to me of using his yards
(assuming their existence) as parking lots.

David

1 Reply

@OmSigDAVID,

Some one posted a picture of his home on this thread and there is no parking for 15 to 25 people.

0 Replies

@BillRM,

Quote:

The pastor is setting up a public nuisance that reach out of his property into the surrounding neighborhood as a direct result of those meetings

Says you (and San Diego) . However, San Diego had "added" the fact that the "nuisance" was for a religious gathering, a NO NO .

As far as a theory of law, I have no idea. A NUISANCE can be itemized in regs and ordinances. (Noise levels greater than (X) dbs, etc. It appears to me that, if its not specifically forbidden for reasons that dont interefere with my constitutional rights and YOUR enjoyment of propoerty, its allowed. (punct)

0 Replies

@BillRM,

Quote:

You have noise level controls you have when you can water your lawns, the time of day that you can mow your lawn IE part of the noise level. The kind of lighting system around your home.

Noise levels can be called a nuisance at some agreed upon decibel level and duration and frequency (THats common in all noise laws)

Watering ones lawn is usually govrned by water use requirements and ones daily allocation (I dont think the govt can tell you WHEN you can water, but I believe it can tell you when you CANT (drought warnings and stage 1 alerts)

Lighting is a newer area of ordinance . Many munis are trying to limit "light pollution" so that the light intensity and height of light standards are regulated.

HOWEVER< NONE OF THOSE ISSUES HAVE A DAMN THING TO DO WITH INTERFERING WITH ANY OF YOUR CONSTITUTIONAL RIGHTS

1 Reply

@BillRM,

Quote:

Would you feel better if the meetings was limits by enforcing the fire safety laws on the number of people who can be in a home at any one time?

Fire safety laws are already under ordinance. The insurance carriers will not uinsure a property if it is in violation of any specific fire codes. Im not sure that the number of indiividuals in a buildingdoes anything to fire safety. IT DOES have a concern for structural safety. For example, the Kansas City hotel that had a major collapse of a balcony was defiately overloaded by its plans. HOWEVER, a public or commercial building has its plaqns approved by a code that is much more strict than the same codes for a private house.

I get a kick out of your squirming to fit some regulation that could be a parallel to the pastors situation. SO far your not doing so good.

I can help you. If the street ROW is defined by FIRE ACCESS, then the ordinances will, no doubt, limit the number of cars that can be parked before they interfere with fire truck turning or water hydrant access. Ordinances can define NO PARKING zones really easily. Howebver, the pastors friends could CAR POOL to his house and stymie that one.

2 Replies

@farmerman,

If you get stuck in the fine print effemm there's always "conduct likely to cause a breach of the peace".

1 Reply

@farmerman,

There is no constitution right to break zoning or any other law because of your religion.

You do not have a right to "married" young children because it is your religion to do so.

You do not have a right to break drug laws and smoke pot even if it part of your religion. Side note there was a case of an Indian tribe that some court rule otherwise but for most such cases the drug laws held firm.

And on and on we go.

1 Reply

@farmerman,

Im not sure that the number of indiividuals in a buildingdoes anything to fire safety.
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There are only so many ways of getting out of a building in a rapid manner in case of fire and if those exits would not allow 25 plus people to get out of a home in short order it does indeed have something to do with fire safety!

Before an airliner type can be certify by the FAA you need to prove that a full load of passengers can get out in X seconds for that very reason.

1 Reply

@BillRM,

Once more from the top. SHow me an actual ordinance that limits the amount of people to less tha n 25 in a private home. Id like to know if such an ordinance exists and from what basis it has been deroven.

1 Reply

San Diego tries to ban Christianity

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