Free speech and right of appeal under fire in San Luis Obispo

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Free speech and right of appeal under fire in San Luis Obispo
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OPINION by RICHARD SCHMIDT News Flash: San Luis Obispo City wants Jane Q Citizen to pay $3,500 in fees to appeal a faulty use permit the city issued for a

News Flash: San Luis Obispo City wants Jane Q Citizen to pay $3,500 in fees to appeal a faulty use permit the city issued for a fraternity next door to her home. That’s up from an already too high fee of $792, and appears to be a naked political maneuver to shut down appeals altogether.

That right, a basic human right for all of us, is stated without qualification. The First Amendment doesn’t say the right of appeal is open only to the rich, only to those who can afford whatever “fee” a city may want to charge, and is closed to the rest of us. The guaranteed appeal right is open to all, on an equal basis.

In the years since Constitutional ratification, the importance of the right of appeal has only grown, and courts have made clear that both speech and petition are integral to maintaining the democratic process. The city has arbitrarily decided that the “general public good” doctrine applies to streets and bike lanes, things paid for by the city, but doesn’t apply to protecting the human rights of speech and appeal. In other words, making an appeal is like parking your car in a municipal garage and paying a parking fee – you use a city service and you pay for it.

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