Pauline Liles said she was threatened with arrest by Holly Hill Police officers for having a garage sale at her home on Center Avenue.
Posted on 11/02/2009 11:26:58 AM PST by BGHater
HOLLY HILL -- The yard sale at 722 Center Ave. has been canceled. That much is clear.
The rest of the story, including allegations that police threatened to arrest the 80-year-old homeowner because she didn't have a permit? Not so much.
The facts are these: After 60 years in Holly Hill, Pauline Liles is moving to Tennessee to live with her daughter's family. Her husband, Jack, is already there, having suffered a stroke that has immobilized him. Pauline, an old hand at yard sales, was hoping to sell most of their stuff before joining him next week.
She advertised the three-day sale in the newspaper, but when she went to the city first thing Wednesday to purchase the $5 permit, it was denied. The city currently allows just two such sales in a year, and city officials said Liles had already met her limit.
Ironically, city commissioners gave unanimous preliminary approval to an ordinance increasing that limit to four on Tuesday night.
That was no help to Liles on Wednesday.
A code enforcement officer later came by and ordered Liles and a group of friends who were helping her to halt the sale. Police officers came to reinforce the message. An officer returned in the afternoon to confirm the order had been followed.
It's here the accounts diverge.
Police Chief Mark Barker said officers described the meetings as "cordial."
"No one was cited. We didn't file any paper on it," he said.
Interim City Manager Kurt Swartzlander said someone at the house -- he wasn't sure who -- told the code enforcement officer they would have the sale even if they had to pay the $250 fine.
"We don't normally call the police on a garage sale," he said.
Liles and her friends describe the encounter with police differently.
"He started screaming and yelling. He took his handcuffs out," Sue Baderman said.
"Two of them showed up and said, 'We're going to arrest you,' " Roger Ables said.
"He boomed, 'Everybody put your stuff down and leave the premises. If you accept one more cent from another person, you'll be fined $250,' " Gail Halfhill said.
Mayor Roland Via said he wished something could have been worked out beforehand, especially given the commission's intent to increase the annual limit on yard sales.
"I'm really sorry something like this happened," he said. "We are a city with a heart."
He said the rules are necessary to protect neighborhoods from anyone trying to run a business out of their house.
"The red tape got in the way," he said. "I wouldn't be happy if somebody got a speeding ticket for going 26 mph (in a 25 mph zone), but, then again, that's the law."
Liles isn't sure what she'll do about packing up her home. She hasn't decided whether to sell or try to lease the house. She just knows she has to get out and help with her husband's care.
"It just got ridiculous," she said Wednesday night. "It was a big blow to me. I'm not out to hurt the city or anything. I'll be glad to get out of here."
derek.catron@news-jrnl.com
Holly Hill's Rules for Garage Sales
· Only two garage sales allowed per calendar year
· You can have up to three consecutive days per garage sale. Or two consecutive weekends at two days each.
· Only two signs shall be allowed and they shall not be placed on the right of way.
SOURCE: City of Holly, Hill Web site
Pauline Liles said she was threatened with arrest by Holly Hill Police officers for having a garage sale at her home on Center Avenue.
i think the “NJ” in the article referred to the site (news journal) and not the state. i would have thought the same thing! the palm trees really threw me for a loop. ha.
Welcome to the Obmanation.
New Jersey fits right in.
I live in a town called Rule, and we do not have any. And we get along fine.
I don’t have a problem with the police upholding the law, that’s what they are supposed to do. Now, passing a law that directly infringes on the rights of the homeowner on their own property to hold a couple dang yard sales I do have an issue with.
Anyone who knows Jersey cops knows exactly who to believe here.
Jark? How about Facist?
My bad, it’s Florida.
But Jersey cops are still world-class jerkwads.
Make that Jerk!
Requiring a permit to have a Garage Sale? Wow, serfs had it better than citizens of NJ.
Yes, but the "too far" line was already crossed as soon as it was decided that any person in America needs their government's permission to sell magazine racks and Hummel figurines.
Government does not allow common sense.
While I would agree that the police handled it poorly the real bad guys in this story were never named. They would be the town council or whoever came up with such a ‘law’. Then again the brain dead electorate of NJ keep on voting against their best interest when they pull the ‘D’ lever. NJ is so screwed up and everyone is surprised.
“But these rules make no distinction.”
Making decisions of the basis of “distinctions” means using judgment. Judgment requires intelligence, and the intelligent won’t work with power crazed thugs.
Via Mayor Via:
“He said the rules are necessary to protect neighborhoods from anyone trying to run a business out of their house.”
***“He said the rules are necessary to protect neighborhoods from anyone trying to run a business out of their house.”***
Look out Ebay!!!!!! You’re next! LOL!
IIRC Barney Frank had a prostitution ring in his house - but he’s still an elected official. Rules for the rest of us.
Slaves is right. When people go along to get along for too long, this is what happens. Too many yard sales in a year? What the freaking crap is going on in the Country?
“People with personalities like these seem to be attracted to power.”
Just wait until they take control of HealthScare.
Agree!
And actually, this was in Florida, not NJ.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.