Another Warning On Government Private Sector Intrusion (Davis Conference Center)

In 2009, I wrote up a brief post on the Davis County Commission having a fit about a pole dancing event at their tax-funded conference center. Back then I stated that, as far as I was concerned, it was tough luck because government involvement had turned the facility into a public venue without the right of service refusal found in private property*.

Looks like Dallas is dealing with something worse than a pole dancing event and as the blog author notes, they too can stuff it thanks to government involvement in the facility (Why Dallas is wrong to ban porn convention from city-owned property):

The problem is the convention IS guaranteed in the U.S. Constitution under the “right of the people to peacefully to assemble” in the First Amendment and Section 1 of the 14th Amendment under the “ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ” It’s not like the porn convention broke the law when it came to Dallas last year (something Dallas’ own police chief told the City Council)…

This also brings up another issue: the fact the convention center is owned by the city. It’s a legal grey area because there are fees groups have to pay before they’re allowed to host an event. If the convention center was private, there wouldn’t be a debate over the issue (and the convention organizers are suing) because it would be a contract between two private entities. The private owners of the convention center could say to the organizers, “No thanks, we don’t want your money, enjoy your refund,” and it’s doubtful a judge would rule against them because of due process in the 14th Amendment.

I recommend reading the post. The situation serves as yet another example of why government should stay out of things best left to the private sector

*Caveat: the right of service refusal on private property has been diminished in favor of certain politically-correct groups (especially if it involves wedding cakes). After all, some people are simply “more equal” than others…


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