Lifted from ONE+one GSO
"...Using zoning code to bypass Chapter 19 of the General Statutes...a "shortcut" of sort as "the laws just don't cut it" according to our Police chief...Fortunately laws are written to also protect the citizens against individuals like our chief of police!
"2. Is it Constitutional?
Yes. The use of zoning code as a means of improving physical safety at nightclubs is a relatively new approach under North Carolina law, but Legal has obtained the opinion of an expert consultant to the Planning Department and other attorney opinions (A COPY OF THE ORDINANCE WAS SENT BY CHIEF MILLER TO HENRY ISAACSON ...ATTORNEY FOR ROY CARROLL DURING THE NOISE DEBATE) which support using the zoning code. Case law from other jurisdictions also support this approach.
A few complaints have been made that the ordinance is unconstitutional because:
a) it would exempt the City
b) it applies only to larger venues, and
c) it only applies to live entertainment facilities.
Government exemption does not violate the Constitution. Further, the City venues provide adequate security according to established City policy (TELL THAT TO THE PARENTS OF THE YOUNG MURDERED @ THE COLISEUM RECENTLY WHILE ATTENDING THE GYC CARNIVAL). Regulating larger venues is rationally related to the security problems that past history shows to be more likely at larger venues. The City has far less trouble at smaller venues. Finally, live entertainment facilities are the locations experiencing excessive crime and violence problems."
Telling our children to do as I say, not as I do never sets the sort of example the children learn positive behaviors from. The City of Greensboro cannot be allowed to set standards for businesses that the City itself is unwilling or unable to achieve on its own.
