Editorial

"Home Rule" of whom?

"If counties deal successfully with health and safety issues, it will ultimately convince the naysayer that counties should have the authority to zone, plan and tax"....Quoted from an Alabama newspaper from an executive with the Association of County Commissions of Alabama

First and foremost one should ask why the county commissions have placed, or are in the process of placing the "Limited Self-governance Act", also known as “Home Rule” on the ballots in the first place.  Their favorite explanation is of supposed safety, health and welfare concerns for the citizens.  What many people don't realize is that there are other departments, as well as laws already in place that are perfectly capable of dealing with any real health issues.  One such example is the Code of Alabama 1975.  Practically every issue that "Home Rule" supposedly addresses is already covered by that law.  Why would the county commissions decide to take on more responsibility when they seem to struggle with the more immediate needs they are already tasked with, such as road repair.

The very word “Home Rule” sounds so benign.  In fact most people think of “Home Rule” as the ruling over their own home and property when nothing could be farther from the truth.  This is perhaps why many citizens in several counties unknowingly "voted it in".  The ugly truth is the officials that enacted "Home Rule" with its many ordinances will rule over you and your neighbors.  As with anything enacted by politicians, it seems to come down to money and "good old boy politics" as usual.  in the hopes of spreading into even more venues such as Planning, Zoning and Taxing.  They are selling our citizens a "lemon" of a deal in that "Home Rules" allows local officials to deal with local issues, thus bypassing the Montgomery crew.  Ask yourself...does it really matter if you are dealing with a Montgomery crook or a misguided local official?

The Association of County Commissions of Alabama (located in Montgomery, by the way)  are the real brokers behind "Home Rule".  They are pushing fast and hard for this to be enacted in ALL counties throughout our state, as is another group known as Citizens for Constitutional Reform.  Did you know our current constitution is protecting what is left of our rights?  Yes, the Alabama constitution may be old and antiquated.  It may be the longest in the world.  The fact is, it has served the people of the State of Alabama for many years and can serve us for many more if we only allow it to.  The cronies know this, which is why they want to do away with it.  If we give a handful of people the power to re-write our constitution, we will be treading into dark, dangerous waters, but that’s another issue for another time.

How does “Home Rule” affect your property rights?  Let's start with the beginning of this process by considering the junk ordinance.  If an ordinance officer, or contracted appointee spots something on your property, or any person such as a neighbor lodges a complaint against you for having something that fits their description of junk, the officer can then come on to your property without warrant.  That’s correct, the officer can come on to your property WITHOUT permission or warrant.  If the officer decides there is something there in violation of that ordinance, he or she will issue a warning, or citation.  You will have a specific number of days to remedy the infraction, or you will be fined etc.  Remember, it is at the officers discretion whether or not you have violated the ordinance.

Under these  new rules, the ordinance officer not only has the authority to ENFORCE the law, but he or she is the judge, jury and executioner.  If you disagree, you can appeal your case to the county commission.  Do you really think the commission will side with you or their employee?  Please look very carefully at their definition of junk.  A rag?  A rope?  We dare say many of these items can be found lying about most rural properties here in Alabama.

Some people who support "Home Rule" complain that junk harbors mosquitoes.  Sure and every drop of water on the face of the earth can become a potential mosquito breeder, even something as pleasant as a flower bloom.  Does that mean we should drain or do away with every source of water on the planet?  However, if you build a fence that blocks the view of your "junk" you are in compliance .... mosquitoes will still breed behind the fence.

Another major concern with "Home Rule" is what happens if you are cited, and unable to pay your fine?  There are several possibilities as to what may or may not happen to you and your property.  Citizens throughout the state who are facing “Home Rule” should consider all of these issues very carefully.  It's not just about junk, animal control, weed control or any of the other ordinances, it's about freedom and not allowing government to expand further and further while they consume our tax dollars.