Posted on 06/10/2004 7:03:49 PM PDT by summer
Tenn. Federal Judge Backs Fortunetellers
NASHVILLE, Tenn. (AP) - A federal judge struck down a law requiring fortunetellers to post disclaimers on their shops and advertisements, calling the ordinance an unconstitutional restriction on free speech.
U.S. District Court Judge Robert Echols, ruling in favor of former tarot card reader Beth Daly and the American Civil Liberties Union, rejected the city of Dickson's argument that its law was intended to protect citizens from fraud.
Echols cited earlier rulings that determined "predictions are only fraudulent if the speaker knows of facts that will prevent a prediction from coming true."
Daly said Tuesday she was "very pleased" with the ruling, but has no plans to reopen The Curiosity Corner, where she sold books, art, candles, yoga supplies, glassware, and read tarot cards for a $25 fee. She's now studying to be a paralegal and private investigator.
"I want to help people so they don't have to go through what I went through," Daly said. "For two years I've been fighting something I shouldn't have had to fight."
Within a month of the shop's opening in July 2002, Daly was told city law banned her from telling fortunes for a fee. She shut down, but pressed ahead with the lawsuit filed by the ACLU.
The city repealed its law in 2003, apparently deciding that defending its ban "was not in the cards," Echols noted in a recently filed memorandum.
But it replaced the ordinance with a new one requiring fortunetellers to post a disclaimer stating Tennessee has no requirements governing "the education, training or ability of fortunetellers, clairvoyants, palmists, phrenologists or other person claiming to be mystics endowed with supernatural powers."
Though the city argued the disclaimer would protect customers from fraud, Echols determined it was an overly broad restriction of freedom of speech.
Dickson city administrator Tom Waychoff said no decision had yet been made on appealing the ruling.
When you're right, you're right. This was a dumb law.
She should have known she would win;)))
That city administrator would improve immeasurably if he were to loudly repeat "and this, too, is none of my business" 50 times every day, after lunch.
Paging Al Gore. Please pick up your sign at the city limits.
"...she sold books, art, candles, yoga supplies, glassware, and read tarot cards for a $25 fee. She's now studying to be a paralegal and private investigator."
THAT is appropriate background for a lawyer or a judge! It takes about that much brains to be either one. She can be a politician also with her background!
what i find interesting, is that the customers of these charlatans never seem to sue them. if people felt defrauded, they could sue in court. my impression is that most customers of psychics and fortune-tellers seem to think they are getting something useful for their money. and i work in nassau county (not as a psychic) which is the law-suit capital of the world.
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