A couple of weekends ago, a quiet artist friend, John R., decided after I had encouraged him, to "try" tabling (selling his art) on the streets on Missoula. He was very reticent and nervous, so, he set up his table next to ours on the corner of Broadway and Higgins. After a couple of hours and a few conversations, John and I were approached by Lori, a downtown ambassador with the Missoula Business Improvement District. She asked to see John's Business license and i said that he was tabling with us and checking out tabling. She said that since he had his own table, he was required to get his own business license. Accordingly, last week, John went online, downloaded and filled out the ITINERATE VENDOR BUSINESS LICENSE APPLICATION, then went down to the Missoula City Recorder's Office to pay his $72.00 business license tax. After he got to the City Recorders and handed in his application and tax, the clerk told him that he would have to pay an additional $42.00 for a background check. An excerpt from the "How to Apply for a Business License" page of the City Recorder's office: "Mobile/Street Vendor: A mobile or Itinerate Vendor is anyone soliciting or providing goods and/or services in the City of Missoula out of a temporary location. All mobile vendors must pass a background check and route the application before they can set up for business. " http://www.ci.missoula.mt.us/index.aspx?nid=810 Webster's Online Dictionary defines Itinerate as "to travel a preaching or judicial circuit." John immediately asked the clerk, don't I have "The Right to Privacy" and isn't a background check, an invasion of my privacy and therefore, a violation of Montana's Constitution? Article ll - Section 10: Right of privacy. "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest." The Clerk said she didn't know, that he would have to go talk to the police! But exactly, who with the Missoula Police Department is a Montana legal Constitutional scholar, she didn't elaborate. He then asked her, what if anything in this background check would prevent him from getting a Itinerate Vendor Business License, again the clerk said she didn't know that he must talk to the Police! So, he left without getting his license. First, all Missoula City personnel and elected officials, are paid by The People of Missoula. They work for US. Each and every one of US. Second, who at the Missoula Police Department is the Montana Legal Constitutional Scholar, besides each and every policeman's duty to the Montana Constitution? Before City Councilors, the Mayor or the Police assume office, (including their "Rules of Professional Conduct") they must swear the following oath of office: “I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).” Third, who set up this invasion of privacy and where were/are our City Council or any of Our City Legal Department, who have ALL sworn these oaths of office to Our Constitution? Fourth, How many good business people in Missoula have had to endure this unwarranted invasion of their privacy? Is it possible, that, because of the inaction of Our City Councilors and City Legal Department and the continuing mockery of the Missoula City Clerk's business license process, the people of the City of Missoula, now face, a class action by harmed business and other people? Finally, how many other, little violations, of Our Montana Constitution, have our City Council and our City Legal Department, ignored and who is responsible, within all these great minds to check the Constitutional validity?
As always, I'd like to encourage your comments about this important topic. Please feel free to ask your City Councilor or Your City Attorney ... thanks, Rick Gold Missoula, MT --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. -~----------~----~----~----~------~----~------~--~---
