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A federal court has affirmed a Florida city’s decision to fine a homeowner $30,000 for uncut grass, and now the Foundation for Economic Education explains an appeal is likely.
Article by Bob Unruh from WND.
The Institute for Justice is defending Jim Ficken against the decision by officials in Dunedin to impose the draconian fine.
FEE explained, “The defendant, Jim Ficken, was fined $500 a day over code violations on his Dunedin home. Ficken’s first ‘violation’ came when he left Florida to care for his dying mother in South Carolina. Following the death of his mother, Ficken arranged to have a man cut his lawn, but the man died while Ficken was in South Carolina attending to his mother’s estate.”
And Ficken didn’t know.
“Ficken says he had no idea he was racking up the fines until he returned home from South Carolina,” the FEE report said. “A city inspector walked past his house and notified him he’d soon be receiving a ‘big bill from the city,’ at which point he purchased a lawnmower and cut his grass.”
The IJ argued the Constitution protects homeowners from fines that are “excessive” or “grossly disproportional” to an office.
IJ lawyer Andrew Ward said, “If $30,000 for tall grass in Florida is not excessive, it is hard to imagine what is. Yesterday’s ruling is wrong on the law, and we will be appealing.”
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He said, “This ruling emboldens code enforcement departments across the state to impose crippling financial penalties and it empowers them to do so without first notifying a property owner that they are potentially going to be fined.”
The grass got long during a two-month period in 2018 when Ficken was dealing with the aftermath of his mother’s death.
“While Jim was out of town, the man he had hired to tend to his lawn passed away unexpectedly and the grass was left to grow unabated. Jim eventually cut the grass himself after he returned home, but by then it was already too late. Dunedin had been fining Jim $500 per day for months, starting when he was out of the state,” the institute explained.
“Dunedin made regular visits to Jim’s property to check for noncompliance, but never once tried to tell Jim that he was under investigation or that he was racking up violations,” Ward said. “But the government is supposed to provide reasonable notice. The city’s treatment of Jim violated his right to due process, and we look forward to showing just that in court.”
When the homeowner told city officials he did not have $30,000 to pay the fines, the city foreclosed on the home.
“Losing your home because you inadvertently let your grass get too long is the very definition of an excessive fine,” said Ari Bargil, an attorney for the Institute for Justice. “No one should face crippling fines, let alone foreclosure, for trivial code violations. Dunedin’s Code Enforcement Board operates like a nightmarish homeowners association, but as a public board, it cannot rule with an iron fist. Rather, it must abide by state laws, as well as the state and federal constitutions.”
‘The Purge’ by Big Tech targets conservatives, including us
Just when we thought the Covid-19 lockdowns were ending and our ability to stay afloat was improving, censorship reared its ugly head.
For the last few months, NOQ Report, Conservative Playbook, and the American Conservative Movement have appealed to our readers for assistance in staying afloat through Covid-19 lockdowns. The downturn in the economy has limited our ability to generate proper ad revenue just as our traffic was skyrocketing. We had our first sustained stretch of three months with over a million visitors in November, December, and January, but February saw a dip.
It wasn’t just the shortened month. We expected that. We also expected the continuation of dropping traffic from “woke” Big Tech companies like Google, Facebook, and Twitter, but it has actually been much worse than anticipated. Our Twitter account was banned. Both of our YouTube accounts were banned. Facebook “fact-checks” everything we post. Spotify canceled us. Medium canceled us. Apple canceled us. Why? Because we believe in the truth prevailing, and that means we will continue to discuss “taboo” topics.
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The 2020 presidential election was stolen. You can’t say that on Big Tech platforms without risking cancellation, but we’d rather get cancelled for telling the truth rather than staying around to repeat mainstream media’s lies. They have been covering it up since before the election and they’ve convinced the vast majority of conservative news outlets that they will be harmed if they continue to discuss voter fraud. We refuse to back down. The truth is the truth.
The lies associated with Covid-19 are only slightly more prevalent than the suppression of valid scientific information that runs counter to the prescribed narrative. We should be allowed to ask questions about the vaccines, for example, as there is ample evidence for concern. One does not have to be an “anti-vaxxer” in order to want answers about vaccines that are still considered experimental and that have a track record in a short period of time of having side-effects, including death. One of our stories about the Johnson & Johnson “vaccine” causing blood clots was “fact-checked” and removed one day before the government hit the brakes on it. These questions and news items are not allowed on Big Tech which is just another reason we are getting canceled.
There are more topics that they refuse to allow. In turn, we refuse to stop discussing them. This is why we desperately need your help. The best way NOQ, CP, and ACM readers can help is to donate. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well. We are pacing to be short by about $3700 per month in order to maintain operations.
The second way to help is to become a partner. We’ve strongly considered seeking angel investors in the past but because we were paying the bills, it didn’t seem necessary. Now, we’re struggling to pay the bills. We had 5,657,724 sessions on our website from November, 2020, through February, 2021. Our intention is to elevate that to higher levels this year by focusing on a strategy that relies on free speech rather than being beholden to progressive Big Tech companies.
During that four-month stretch, Twitter and Facebook accounted for about 20% of our traffic. We are actively working on operating as if that traffic is zero, replacing it with platforms that operate more freely such as Gab, Parler, and others. While we were never as dependent on Big Tech as most conservative sites, we’d like to be completely free from them. That doesn’t mean we will block them, but we refuse to be beholden to companies that absolutely despise us simply because of our political ideology.
We’re heading in the right direction and we believe we’re ready talk to patriotic investors who want to not only “get in on the action” but more importantly who want to help America hear the truth. Interested investors should contact me directly with the contact button above.
As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report going.
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We Often Feel Like David Taking on Giants
Today’s Goliath is the Mainstream Media Industrial Complex that brainwashes the masses.
Our mission is very straightforward: To counter the false narratives and nefarious agendas destroying America today. It isn’t easy for obvious reasons; despite incredible growth over the last year we are still a very tiny fish in a huge media pond. But we’re fighting and we will continue to do so, Lord willing, for as long as we possibly can. The battle for America’s present and future is too important for us to back down to the giants that stand in our way.
We need help. I don’t want to say “desperately,” but the need is definitely great. If you have the means, please donate through our GivingFuel page, PayPal, or our brand new GiveSendGo page. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
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