by Nick Dranias
In many cases, cities and counties cannot focus limited resources on core functions because they cannot identify what functions are core. Laws against genuine public nuisances have no higher standing than crack downs on wall murals and bans on resort pool parties where guests might eat or drink too close to the water. Resources are stretched because government officials are using them to perform needless and often abusive tasks.
Fortunately, local governments can look right at the Arizona Constitution for guidance on identifying core functions: “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”
Officials who accept this basic principle of limited government are unlikely to prosecute businesses for such offenses as painting wall murals on their own property that also advertise their business and planning some outdoor fun to attract more customers. No function of government is a core function if it has nothing to do with protecting and maintaining individual rights.
Learn More:
Arizona Daily Star: Rialto, Bookmans collide with legal wall over murals
Arizona Constitution: Declaration of Rights
Goldwater Institute: A New Charter for American Cities
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