Daily Archives: October 30, 2014

Wining and dining under the First Amendment
Lawyers for two companies accused in a corruption probe at Sweetwater schools are arguing they should not have to give back construction contract proceeds because the meals, trips and tickets...

By: Ricky Young

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Wining and dining under the First Amendment - Video

Scabby, the giant inflatable union rat so near and dear to the hearts of working urbanites, won its First Amendment rights in a federal ruling Wednesday, after an asbestos contractor sued to have the rat declared a disruptive practice.

[T]he defendants peaceful use of a stationary, inflatable rat to publicize a labor protest is protected by the First Amendment, ruled Judge Joseph Bianco.

Scabby is often sighted before buildings under construction, where it serves as an unavoidable marker of contractors anti-union practices. Per Bloomberg Businessweeks Josh Eidelson the AFL-CIO decided to phase Scabby into retirement last year; one hopes it has a good pension.

[h/t Bloomberg Businessweek] [Image via RoySmith (Own work) [CC-BY-SA-3.0], via Wikimedia Commons]

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Giant Union Rat Has First Amendment Rights, Just Like You

The Fremont City Council approved two of three proposed changes to a zoning code amendment on Tuesday prior to unanimously passing a group of amendments intended to open Fremonts doors wider to home-based businesses and home occupations.

The council heard public opposition and support during first reading of the three zoning codes on Sept. 29, but there was no opposition on Tuesday when the council, with Kevin Eairleywine and Steve Navarrette absent, approved all three amendments.

The first amendment differentiates between home-based businesses and home occupations, a distinction that didnt exist in current codes.

Under the new language, home occupations are operations run only by people who live within the household. A home-based business, on the other hand, can have up to two employees who do not live in the home.

Creating the distinction, interim City Planner Justin Zetterman explained at an Oct. 12 council meeting, allows zoning codes to be more liberally applied to home occupations than to home-based businesses. Home occupations will be allowed in nearly all residential districts, while home-based businesses will be allowed in some districts, and require a conditional use permit in others.

The Fremont Planning Commission, on Sept. 15, voted 4-3 against that amendment, and did not bring to a vote the two ensuing amendments outlining regulations on home-based businesses and home occupations. It was the second of those two ensuing amendments where Councilman Larry Johnson on Tuesday proposed changes before voting on the amendment itself.

Johnsons first change, refining language about allowable signage at home-based businesses, passed 6-0.

His second alteration, adding tattoo parlors to the list of businesses explicitly prohibited in residential districts, passed 4-2 with Jennifer Bixby and Michael Kuhns opposed. Other prohibited businesses include stables and adult entertainment establishments.

Ive talked to no one who wants a tattoo parlor in their neighborhood, Johnson said. If were going to exclude some of those other things, I think we should make it clear that thats not something that we would be approving by our changes here.

Its not necessarily the number of people, its the atmosphere, he said. I happen to drive up Main Street when Im going anywhere, and I look at the tattoo parlor that was on Main and Military, and there are regularly folks outside that just arent enhancing the image of the community, or they wouldnt be enhancing the image of a residential neighborhood.

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Code amendments open doors to home-based businesses