Monday, November 07, 2011

Hey, it's Unconstitutional!

Bluff City has responded to the class action lawsuit against it. It sounds like, while the plaintiffs made many arguments, they did not address the constitutionality of the fines in Bluff City. As I stated before (in much greater detail here), I believe there is a good argument to be made that their fine structure was unconstitutional under the Tennessee constitution. Article VI Section 15 of the Tennessee Constitution plainly states that "No fine shall be laid on any citizen of this state that shall exceed $50, unless it is assessed by a jury of his peers." The original Bluff City ordinance charged a $40 administrative fee on top of a $50 fine and that administrative fee was nothing but a fine by a different name. GO GET 'EM!!

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