Wednesday, March 12, 2008

Secret Denunciations Soon to be Legal in Mineral County

When the Mineral County Clean Up Committee finalized its discussions on the proposed clean up ordinance last fall, one thing was made clear. Those who file complaints would have their names included on the complaint. Our legal system recognizes that those facing accusations must know the name of those making the complaint. It is only fair to the accused.

The Mineral County Commission just altered the proposed ordinance so that unidentified complainants can get the enforcement official to file the complaints on their behalf. This performs an end run around the spirit of the ordinance and of our legal system itself by encouraging secret denunciations. Those who support this measure would claim that having the enforcement official file the complaints on behalf of those who would remain anonymous serves as a sort of vetting process. A reasonable official, they would state, would eliminate unreasonable complaints. However what if the enforcement official is unreasonable, incompetent, or corrupt? Such scenarios have happened in the history of this state.

What is particularly galling is that this was passed to protect complainants who would hesitate to step forward because they were elderly, handicapped, ill, or feared reprisal. When measures were proposed that would protect property owners who were poor, ill, or otherwise vulnerable, these were rejected as "reverse discrimination" against the rich. Now the county commission is proposing that the ill, handicapped, elderly, etc. need extra protection so long as they are not the target of the complaint!

If we are going to have a law err on the side of protecting anyone's rights, it ought to be the property owner. Indigent, ill, disabled, or other property owners have no protection whatsoever. Supposedly vulnerable accusers, however, are accorded protective status over and above that of even victims of criminal acts. The latitude of free speech rights is rightfully extensive. assumed to cover almost any form of pornography or dissent. Other natural rights such as those regarding gun ownership and property are not taken nearly as seriously. This is the case because these rights limit the power that government has over the people.

Sometimes issues of security do need protection for those making official reports. If suspicious people are seen boarding a plane, it is important to get the information quickly so authorities can determine the validity of the threat. Since unused barns are less likely to escape the property line to wreck havoc and terror in various parts of the nation, this is a case where government power needs to be restrained.

No comments:

Post a Comment